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Roads - 25-0006-LRB - Response

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  
ARGYLL AND BUTE COUNCIL
ROADS RESPONSE
LOCAL REVIEW BOARD
REFERENCE NUMBER 25/0006/LRB
PLANNING APPLICATION
REFERENCE NUMBER 24/01389/PP
LOCATION: Land South Of Fernbank Rahane
June 2025

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Document history 
This document has been issued and amended as follows:
Version Date Description Created by
0 02/06/2025 Roads Response R.Kane

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Contents
1. Overview 1
2. Roads Response to Appeal Comments 1

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1. Overview 
This document provides a detailed Roads response to the “GROUNDS FOR REVIEW” paper
presented in conjunction with:  
Planning permission for the erection of dwellinghouse and detached double garage, installation of
sewage treatment plant and formation of vehicular access, land south of Fernbank, Rahane, Argyll
and Bute (LPA Reference 24/01389/PP) 
2. Roads Response to Appeal Comments 
The applicants/ agents ground for review, and associated Road’s response have been detailed
below: 
Document - Grounds for Review, Point 5.3:
With respect to the review application site, in August 2010, planning permission in principle for the
“erection of 2 dwellinghouses with single Prepared by Michael Hyde MRTPI Planning Consultant
garages and the installation of shared septic tank” was granted
Argyll and But Roads Response
It should be recognised that the planning application referenced was made and assessed on the road’s
guidance and roads behaviours of August 2010, some 15 years prior to the current application. 
During which time we can acknowledge that both roads guidance and roads behaviours have evolved
and changed significantly. Within Roads guidance we have seen the creation and evolution of such
Roads guidance as: SCOTS National Roads Development Guide 2017, Scottish Government Designing
Streets 2010, Transport Scotland Roads for All 2013 and, the Argyll and Bute Roads Technical
Guidance 2024 to name but a few. 
Additionally, it is recognised that both urban and rural communities have seen a significant increase in
both vehicle ownership and use of the carriageway since 2010. A review of Transport Scotland statistics
outlines that the number of motor vehicles licensed in Scotland in 2010 was 2.7 million. In contrast,
there were 3.13 million vehicles licensed for use on the roads in Scotland in 2023 (the highest number
on record) and a 16% increase since the planning application referenced above.
However, is must similarly be documented that Road Safety Statistics detail that between 2014 and
2023 the recorded number of roads related casualties has reduced from 194,477 in 2014 to 132,977in
2023, some 32%. 
It is therefore acknowledged that whilst improvements in vehicles will be a contributing factor in the
reduction of recorded casualties, so too is the interpretation and delivery of road guidance and the
associated roads infrastructure improvement that consider and target the health and safety of all road
users.
The aim of Arygll and Bute Roads is to continue to improve the existing network, not reapprove that
which has previously been approved, without due consideration for current standards and progress.

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Document - Grounds for Review, Point 5.4:
This condition could not have been complied with without the agreement of the multiple adjoining
owners over whose land the required 2.4 x 95 metre visibility splays crossed. Nevertheless, the
permission was granted. The applicants purchased the land on this basis, and did not foresee any
reason why planning permission would not be able to be granted again. This was not however to be the
case.
Argyll and But Roads Response
As above, parallels are being drawn between an application assessed by a different Roads Officer in
2010 and the current application.
As per previous response…
The planning application referenced was made and assessed on the road’s guidance and roads
behaviours of August 2010, some 15 years prior to the current application. 
During which time we can acknowledge that both roads guidance and roads behaviours have evolved
and changed significantly. Within Roads guidance we have seen the creation and evolution of such
Roads guidance as: SCOTS National Roads Development Guide 2017, Scottish Government Designing
Streets 2010, Transport Scotland Roads for All 2013 and, the Argyll and Bute Roads Technical
Guidance 2024 to name but a few. 
Additionally, it is recognised that both urban and rural communities have seen a significant increase in
both vehicle ownership and use of the carriageway since 2010. A review of Transport Scotland statistics
outlines that the number of motor vehicles licensed in Scotland in 2010 was 2.7 million. In contrast,
there were 3.13 million vehicles licensed for use on the roads in Scotland in 2023 (the highest number
on record) and a 16% increase since the planning application referenced above.
However, is must similarly be documented that Road Safety Statistics detail that between 2014 and
2023 the recorded number of roads related casualties has reduced from 194,477 in 2014 to 132,977in
2023, some 32%. 
It is therefore acknowledged that whilst improvements in vehicles will be a contributing factor in the
reduction of recorded casualties, so too is the interpretation and delivery of road guidance and the
associated roads infrastructure improvement that consider and target the health and safety of all road
users.
The aim of Arygll and Bute Roads is to continue to improve the existing network, not reapprove
that which has previously been approved, without due consideration for current standards and
progress.

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Document - Grounds for Review, Point 5.5:
The single reason for refusal of the review application relates to the reduced length of the required
visibility to the north that can be achieved over land that is either within the ownership of the applicant, or
within the boundary of the public road. The Roads Officer states that the proposed access to the
development does not achieve the minimum visibility splay requirements of 75m unimpeded, for the
adjoining road speed of 40mph, and refusal was thus recommended. 
Argyll and But Roads Response
It must be noted that the Roads Scotland Act 1984, section 151 details a “road” as:
subject to subsection (3), any way (other than a waterway) over which there is a public right of passage
(by whatever means [F17and whether subject to a toll or not]) and includes the road’s verge, and any
bridge (whether permanent or temporary) over which, or tunnel through which, the road passes; and any
reference to a road includes a part thereof;
And a “public road” as:
a road which a roads authority has a duty to maintain.
In this instance, in this location the adjoining public/ adopted road in question, the B833 Rosneath Road,
does not possess a verge or pedestrian ‘step-off’. As such, the road is abutted by ‘frontages’ of properties
or lands that are neither owned by the local authority, maintained by the local authority or form part of the
adopted carriageway.
Road’s refusal was therefore concluded on the following rational and reasoning that the proposed access
does not achieve, in its entirety, the minimum visibility splay requirements for a road of this speed
(40mph), in perpetuity. 
The proposed visibility splay projects through a neighbouring property boundary wall that structurally
supports a raised parking area for the property. In addition to the obstruction of the wall, there is
vegetation on top of and immediately behind the wall that obstruct the visibility splay required from the
proposed.
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. 
With this in mind, Roads are additionally concerned are that the road adjacent to the proposed site, the
B833, is both flat and offers good forward visibility at the location of the proposed site. Vehicle behaviours
show that his section of the B833 is therefore recognised as a location that invites vehicle overtaking at
speeds potentially in excess of the defined carriageway limit. With this in mind, Roads recognise the
importance and the available significance of the forward visibility.
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 this width. In this instance, the
impediment is horizontal, therefore there is no means of looking around the impediment.

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Document - Grounds for Review, Point 5.6:
This recommendation does not however take into account in any way the significant highway safety
benefits that would accrue should planning permission be granted.
Argyll and But Roads Response
Whilst carriageway alterations were noted within this application, the conclusion of the ‘improvements’ in
contrast with the creation of an access/ dwelling that proposed both intensification of this section of the
carriageway, and more significantly an access that did not achieve the minimum visibility splay
requirements did not represent a net gain, with the due consideration for the health and safety of all road
users. 
Document - Grounds for Review, Point 5.7:
Prior to the refusal of permission, the applicants produced, and submitted for the consideration of the
Roads Officer, a document that detailed the reasoning and arguments for approving the visibility splays
that are practically achievable on site, taking into consideration the small incursion into the northern
visibility splay caused by a part of the neighbour’s boundary wall (Document 3). 
This notes that a significant overall improvement in highway safety and visibility, compared to the existing
situation, could be achieved along this stretch of the B833 should planning permission be granted with a
slightly reduced visibility splay to the north at the new access/egress. 
Argyll and But Roads Response
As above…
Whilst carriageway alterations were noted within this application, the conclusion of the ‘improvements’ in
contrast with the creation of an access/ dwelling that proposed both intensification of this section of the
carriageway, and more significantly an access that did not achieve the minimum visibility splay
requirements did not represent a net gain, with the due consideration for the health and safety of all road
users. 
Roads counsel that due to the rural setting of the authority, applicants and agents must regularly
overcome visibility issues to pursue safe access and improvements to the existing roads network.
Furthermore, Roads have suggested on numerous occasions that the applicant/ agent seek to resolve
the visibility impediment issue through a legal agreement with the neighbouring property.
Furthermore, a failure to obtain such an agreement by the applicant/ agent should not result in Argyll and
Bute Roads lessening the minimum Health and Safety requirements of the entire roads network to
facilitate a single development.

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Document - Grounds for Review, Point 5.8:
The document fully assesses the highway safety risks and concludes that the minor incursion into the
northern visibility splay is likely to have a minimal effect on risk/safety. Additionally, the visual incursion is
potentially allowable according to the guidance contained in the Design Manual for Roads and Bridges
(Vol.6 Section 1 Part 1 TD9/93 Point 2.7) that states: “... footbridge supports of width 550mm or under
can be ignored. Similarly, the effect of short intermittent obstructions, such as bridge parapets of minor
roads under, can be ignored.”
Argyll and But Roads Response
The applicant chooses to reference the Design Manual for Roads and Bridges regarding the design and
construction of assets required to facilitate and support roads or rail infrastructure. For the avoidance of
any confusion, this application is not for the creation of a bridge, nor is the obstruction referenced within
the application a bridge or a supporting element of a bridge, the proposed is for a development and
associated access within a rural setting. This guidance therefore has no relevance to this case.
Furthermore, as above…
Whilst carriageway alterations were noted within this application, the conclusion of the ‘improvements’ in
contrast with the creation of an access/ dwelling that proposed both intensification of this section of the
carriageway, and more significantly an access that did not achieve the minimum visibility splay
requirements did not represent a net gain, with the due consideration for the health and safety of all road
users. 
Roads counsel that due to the rural setting of the authority, applicants and agents must regularly
overcome visibility issues to pursue safe access and improvements to the existing roads network.
Furthermore, Roads have suggested on numerous occasions that the applicant/ agent seek to resolve
the visibility impediment issue through a legal agreement with the neighbouring property.
Furthermore, a failure to obtain such an agreement by the applicant/ agent should not result in Argyll and
Bute Roads lessening the minimum Health and Safety requirements of the entire roads network to
facilitate a single development. 
Document - Grounds for Review, Point 5.9:
Alternatively, the visual incursion could be permitted as a minor departure from standard by considering
the significant net improvement in safety afforded by the proposed development and not focussing solely
on the one small area of non-compliance.
Argyll and But Roads Response
Furthermore, as above…
Whilst carriageway alterations were noted within this application, the conclusion of the ‘improvements’ in
contrast with the creation of an access/ dwelling that proposed both intensification of this section of the
carriageway, and more significantly an access that did not achieve the minimum visibility splay
requirements did not represent a net gain, with the due consideration for the health and safety of all road
users. 
Roads counsel that due to the rural setting of the authority, applicants and agents must regularly
overcome visibility issues to pursue safe access and improvements to the existing roads network.
Furthermore, Roads have suggested on numerous occasions that the applicant/ agent seek to resolve
the visibility impediment issue through a legal agreement with the neighbouring property.
Furthermore, a failure to obtain such an agreement by the applicant/ agent should not result in Argyll and
Bute Roads lessening the minimum Health and Safety requirements of the entire roads network to
facilitate a single development.

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Document - Grounds for Review, Point 5.10:
The benefits of approving the new access being proposed, which thoroughly outweigh the effect of the
concession in both number and magnitude, include: 
• The access to Mambeg Farm to the south will gain near full visibility in both directions, where there
currently is none 
• The access to Ach-Na-Cloich Cottage to the south will gain near full visibility to the north, where there
currently is none 
• The access to the electricity sub-station to the south will also gain near full visibility to the north, where
there currently is none 
• A lay-by will be provided enabling safer access for delivery vehicles and those attending the electricity
sub station 
• The entire frontage (> 45 m) of the plot to the south of Fernbank will be cleared of visual obstructions •
Pedestrian access to the plot to the south of Fernbank will be made safe; currently it is not
Argyll and But Roads Response
It is understood that the access referred to is a field access and not a dwelling access. Furthermore,
following site visits, recognition of the condition of the access gate, and a review of digital imagery, this
access is infrequently used, if used at all. Trading the improved access visibility of an infrequently used
agricultural field against a below standard access to a new development does not represent a net
improvement in health and safety but in fact a net worsening through the creation of a below standard
access.
The existing access visibility available from Ach-Na-Cloich Cottage has neither been measures,
presented or assessed as part of this application. The net improvement that the proposed would have
on the existing access/ egress to Ach-Na-Cloich Cottage can therefore not be determined in a manner
that Roads can evaluate in contrast to the below standard access proposed. 
As outlined above, Roads have suggested on numerous occasions that the applicant/ agent seek to
resolve the visibility impediment issues at the proposed through a legal agreement with the
neighbouring property. Should such an agreement be obtained then Argyll and Bute Roads would
achieve an access to the proposed that achieves the minimum visibility standard, in addition to the
suggested near full visibility in both directions from Ach-Na-Cloich Cottage.
Access to the electrical sub-station is understood to be infrequent and as required. Trading the
improved access visibility or the provision of a lay-by for an infrequently accessed electrical asset,
against a below standard access to a new development does not represent a net improvement in health
and safety but in fact a net worsening through the creation of a below standard access.
Whilst it is pleasing to hear that the entire frontage (> 45 m) of the plot to the south of Fernbank will be
cleared of visual obstructions, this does not mitigate that the proposed demands the creation of a below
standard access within a rural setting. Offering 40 m unobstructed visibility, which equates to only 53%
of the minimum unimpeded visibility requirements in a northerly direction for a vehicle speed of 40mph,
at a location that is recognised for vehicle overtaking.
Whilst pedestrian access provisions a gain, they do not mitigate the creation of a substandard access
that offers only 53% of the minimum unimpeded visibility requirements in a northerly direction for a
vehicle speed of 40mph, at a location that is recognised for vehicle overtaking.
As stated above, Roads have suggested on numerous occasions that the applicant/ agent seek to
resolve the visibility impediment issue through a legal agreement with the neighbouring property.
A failure to obtain such an agreement by the applicant/ agent should not result in Argyll and Bute Roads
lessening the minimum Health and Safety requirements of the entire roads network to facilitate a single
development.

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Document - Grounds for Review, Point 5.11:
In addition to these benefits, it is also relevant to consider the planning history of Ach-Na-Cloich and
Ach-Na-Cloich Lodge, which are both to the immediate south of Ach-Na-Cloich Cottage.
Argyll and But Roads Response
Roads must consider the application presented and the associated roads implications. In this instance,
irrespective of neighbouring applications, at the time of assessment, Roads do not support the creation
of a substandard access that offers only 53% of the minimum unimpeded visibility requirements in a
northerly direction for a vehicle speed of 40mph, at a location that is recognised for vehicle overtaking. 
Document - Grounds for Review, Point 5.12 & 5.13:
Planning permission was granted for the erection of what is now Ach-Na Cloich Lodge in August 2011.
This new dwelling shares an access with Ach-Na-Cloich and the approval was subject to the imposition
of the following condition: “The proposed access shall have visibility splays of 75 x 2.4 x 1.05 metres in
both directions formed from the centre line of the proposed joint vehicle access serving the existing
dwellinghouse, Ach-na-Cloich, and the dwellinghouse hereby approved. Prior to work commencing on
site further details showing the provision of a 2 metre wide footway along the full frontage of the
application site and the existing property, Ach-na-Cloich, including access details and boundary
treatment to the B833, shall be submitted for the written approval of the Planning Authority. Thereafter,
the new footway should be provided to adoptable standard prior to occupation of the dwellinghouse
hereby approved.”
The Council failed to ensure compliance with this condition and now cannot do so. Approval of the
proposed new access will rectify this via the agreements already secured with the intervening
neighbours. Full visibility of 75 m for both of these properties will consequently be achieved
Argyll and But Roads Response
Roads cannot comment on the rational or reasoning associated with the failure to ensure compliance of
a planning condition attached to a neighbouring development, some 14 years previous, in 2011.
As detailed above… The existing access visibility available from Ach-Na-Cloich has neither been
measures, presented or assessed as part of this application. The net improvement that the proposed
would have on the existing access/ egress to Ach-Na-Cloich can therefore not be determined in a
manner that Roads can evaluate in contrast to the below standard access proposed. 
Furthermore, Roads have suggested on numerous occasions that the applicant/ agent seek to resolve
the visibility impediment issues at the proposed through a legal agreement with the neighbouring
property. Should such an agreement be obtained then Argyll and Bute Roads would achieve an access
to the proposed that achieves the minimum visibility standard, in addition to the suggested full visibility
of 75 m for both of these properties.

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Document - Grounds for Review, Point 5.14:
As noted in 5.10, there are two existing accesses to the south of the review application site that
currently have 0 m visibility in one or both directions. The proposed development would upgrade these
accesses and increase overall visibility from 25% to at least 84% of the standard requirement along the
affected stretch of the B833 (Table 1). This vast improvement in visibility/road safety even accounts for
the effect of the minor incursion.
Argyll and But Roads Response
The two accesses referenced here are detailed within table 1 to be the electrical substation and the
farm access.
As detail in point 5.10
The ‘farm access’ is understood to be a field access and not a dwelling access. Furthermore, following
site visits, recognition of the condition of the access gate, and a review of digital imagery, this access is
infrequently used, if used at all. 
Additionally, access to the electrical sub-station is understood to be infrequent and as required. 
Trading the improved access visibility of these infrequently accessed provisions, against a below
standard access to a new development does not represent a net improvement in health and safety but
in fact a net worsening through the creation of a below standard access. 
Document - Grounds for Review, Point 5.15:
There is no logical argument for refusing the proposed development on the grounds of road safety,
given that road safety will be vastly improved. These improvements will otherwise not be made and
cannot be enforced. Therefore, refusing the application is a deliberate choice of poorer overall road
safety and puts all road users at higher risk than could be achieved
Argyll and But Roads Response
Roads consider the “logical argument” to be the failure to achieve the minimum visibility access
requirements for a new access and, do not support the creation of a substandard access that offers only
53% of the minimum unimpeded visibility requirements in a northerly direction for a vehicle speed of
40mph, at a location that is recognised for vehicle overtaking.
As noted above…
Whilst carriageway alterations were noted within this application, the conclusion of the ‘improvements’ in
contrast with the creation of an access/ dwelling that proposed both intensification of this section of the
carriageway, and more significantly an access that did not achieve the minimum visibility splay
requirements did not represent a net gain, with the due consideration for the health and safety of all
road users. 
Roads counsel that due to the rural setting of the authority, applicants and agents must regularly
overcome visibility issues to pursue safe access and improvements to the existing roads network.
Furthermore, Roads have suggested on numerous occasions that the applicant/ agent seek to resolve
the visibility impediment issue through a legal agreement with the neighbouring property.
Furthermore, a failure to obtain such an agreement by the applicant/ agent should not result in Argyll
and Bute Roads lessening the minimum Health and Safety requirements of the entire roads network to
facilitate a single development.

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Document - Grounds for Review, Point 5.16:
The visual obstruction on which the refusal for planning was based also impedes the visibility for the
existing access to Fernbank. Furthermore, any negative effect is much greater for Fernbank as the
obstruction is closer to their access and affects visibility of oncoming traffic (i.e. significantly more
frequent). Despite this, there have been no recorded incidents around this access over the last 25
years. It is therefore clear that reduced visibility caused by the visual obstruction is entirely
inconsequential.
Argyll and But Roads Response
As previously noted…
Roads must consider the application presented and the associated roads implications. In this instance,
irrespective of neighbouring applications, at the time of assessment, Roads do not support the creation
of a substandard access that offers only 53% of the minimum unimpeded visibility requirements in a
northerly direction for a vehicle speed of 40mph, at a location that is recognised for vehicle overtaking.
Whilst ‘improvements’ to neighbouring accesses were noted, in contrast with the creation of an access/
dwelling that proposed both intensification of this section of the carriageway, access that offers only
53% of the minimum unimpeded visibility requirements in a northerly direction for a vehicle speed of
40mph, at a location that is recognised for vehicle overtaking did not represent a net gain.
Roads counsel that due to the rural setting of the authority, applicants and agents must regularly
overcome visibility issues to pursue safe access and improvements to the existing roads network.
Furthermore, Roads have suggested on numerous occasions that the applicant/ agent seek to resolve
the visibility impediment issue through a legal agreement with the neighbouring property.
Furthermore, a failure to obtain such an agreement by the applicant/ agent should not result in Argyll
and Bute Roads lessening the minimum Health and Safety requirements of the entire roads network to
facilitate a single development. 
Document - Grounds for Review, Point 5.17:
There are six existing accesses along the stretch of B833 either side of the proposed new access that
all have 0 m visibility in one of both directions (Figure 2). However, there have been no recorded
incidents around these accesses in the last 25 years. Standards are, by definition, one-size fits-all
generalisations that cannot account for every individual situation. In this case, the contention that 40 m
visibility is theoretically unsafe (based on a standard) is completely disproven by 25 years of actual data
Argyll and But Roads Response
As previously noted…
This is incorrect, within the last five years there is one recorded incident within the immediate vicinity of
this application.
Between Garelochhead and Clynder, there are a further 9 recorder incidents over the last 10
years, one of which was fatal.
Whilst this data is duly noted, a Roads assessment must consider the design presented and the, as
previously described net gain to the existing road network. In this instance, the accident data supports
Roads concerns to ensure the minimum design standards are achieved and as such, Roads do not
support the creation of a substandard access that offers only 53% of the minimum unimpeded visibility
requirements at a location that is recognised for vehicle overtaking.

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Document - Grounds for Review, Point 5.18:
Furthermore, 40 m unobstructed visibility is 11% more than the stopping distance of 36 m for vehicles
travelling at 40 mph, providing an additional margin of safety.
Argyll and But Roads Response
As per Argyll & Bute Roads Technical design guidance (2024), for both light and strategic routes, the
visibility requirements for a 40mph road are 75m.
The Design Manual for Roads and Bridges (DMRB) TD 9/93: Highway Link Design’ guidance states that
for roads that operate an 85th  percentile vehicle speed of 40mph, the stopping sight distance is 80m.
The application proposes 40m of unobstructed visibility splay, this equates to only 53% of the minimum
Argyll and Bute standard, and 50% of minimum national design standards.
The proposed therefore equates to a below standard provision, not “an additional margin of safety” 
Document - Grounds for Review, Point 5.19:
This application for review is accompanied by a submission prepared by Stewart Paton Associates,
Consulting Engineers and Forensic Investigation Specialists, which seeks directly to address the reason
for refusal (Document 4). This notes that the applicant’s detailed submission (Document 3) is one of the
most detailed reviews of visibility that the author, who is an experienced road safety practitioner, has
seen in relation to a single dwelling direct access. It states further that the document is more than
adequate in terms of describing the issues involved, the manner of traffic movements in this area and
available distances for inter-visibility between the direct access and southbound traffic
Argyll and But Roads Response
As stated above, the application proposes 40m of unobstructed visibility splay, this equates to only 53%
of the minimum Argyll and Bute standard, and 50% of minimum national design standards.
Furthermore, I would note that Stewart Paton Associates, Consulting Engineers have been appointed
by the applicant/ agent to help facilitate their development. They are not liable for the operational use,
nor the operational development of the Argyll and Bute Roads Network. 
As such, on review of the proposed and with due consideration for the health and safety of all road
users, Roads do not support the creation of a substandard access that offers only 53% of the minimum
unimpeded visibility requirements at a location that is recognised for vehicle overtaking.

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Document - Grounds for Review, Point 5.20:
The submission concludes by saying that, whilst it is appreciated that Roads Authorities will seek to
apply current design standards, the application of these should also take cognisance of a range of
issues, as discussed above, when dealing with a section of road where there are historical road and
junction layouts, and existing accesses that have zero or restricted visibility, all of which will be able to
be improved.
Argyll and But Roads Response
As previously noted…
Roads must consider the application presented and the associated roads implications. In this instance,
irrespective of neighbouring applications, at the time of assessment, Roads do not support the creation
of a substandard access that offers only 53% of the minimum unimpeded visibility requirements in a
northerly direction for a vehicle speed of 40mph, at a location that is recognised for vehicle overtaking.
Whilst ‘improvements’ to neighbouring accesses were noted, in contrast with the creation of an access/
dwelling that proposed intensification of this section of carriageway, access and offers only 53% of the
minimum unimpeded visibility requirements in a northerly direction for a vehicle speed of 40mph, at a
location that is recognised for vehicle overtaking did not represent a net gain.
Roads counsel that due to the rural setting of the authority, applicants and agents must regularly
overcome visibility issues to pursue safe access and improvements to the existing roads network.
Furthermore, Roads have suggested on numerous occasions that the applicant/ agent seek to resolve
the visibility impediment issue through a legal agreement with the neighbouring property.
Furthermore, a failure to obtain such an agreement by the applicant/ agent should not result in Argyll
and Bute Roads lessening the minimum Health and Safety requirements of the entire roads network to
facilitate a single development.

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Document - Grounds for Review, Point 5.21, 5.22 & 5.23:
Planning permission for the erection of a dwellinghouse, and the formation of a new vehicular access,
on land south of High Oaks, Artaman Road, Rhu was granted in April 2020 subject to conditions (LPA
reference 20/00267/PP). One of the conditions (Condition 7) imposed stated: “Notwithstanding the
effect of Condition 1; In accordance with ‘Roads Guidance For Developers’ a sightline visibility splay of
2.4 x 42 x 1.05 metres at the new driveway access with Artarman Road shall be provided. Prior to work
starting on site this visibility splay shall be cleared of all obstructions over one metre in height above the
level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over one
metre in height to the satisfaction of the Planning Authority.”
The reason for imposing this condition was in the interest of road safety and in accordance with the
Councils 'Roads Guidance for Developers'. 
A subsequent application submitted for the variation of Condition 7 relative to planning permission
reference 20/00267/PP, to reduce the conditioned visibility splay from 2.4 x 42 x 1.05m to 2.4 x 17 x
1.05m, was refused by Officers for the following reasons (LPA reference 21/01603/PP): “Policies LDP
11 and SG LDP TRAN 4; LDP 11 require that an appropriate standard of access is delivered to serve
new developments. SG LDP TRAN 4 further notes that; Private Access 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. 
A new private access will only be accepted if the access is capable of achieving the minimum required
visibility splays as considered by the Roads Authority to be appropriate - in this instance a minimum
visibility splay of 2.4 x 25 x 1.05m is required due to the proposed access being in close proximity to the
bend in Artarman Road. 
The minimum required visibility splay cannot be achieved as the provision of the required splays entails
the need for controls to extend over third-party land and consequently the necessary off-site measures
cannot be secured by way of planning conditions. Therefore, a legal agreement is required to ensure
the clearance and maintenance of the full extent of the required visibility splays in perpetuity. In the
absence of a Section 75 Legal Agreement to secure the clearance and maintenance of visibility splays
on third party land there would remain a road safety issue at this location arising from deficient visibility
for drivers using the site access onto Artarman Road. Based on the above the proposal to reduce the
visibility splay to 2.4 x 17 x 1.05m is contrary to the requirements of Policies LDP 11 and SG LDP TRAN
4 of the 'Argyll and Bute Local Development Plan'.”
The Council’s Local Review Body overturned this refusal and granted planning permission for the
reduced visibility splays measuring 2.4 x 17 x 1.05m (a 60% reduction in the length of the visibility splay
originally required).
Argyll and But Roads Response
Roads cannot comment on a previous LRB decision regarding a different development. Roads similarly
cannot comment on the reasoning or rationale of a previous Roads consultation assessment,
undertaken by a Roads Officer that is no longer in post or with the Authority.

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Document - Grounds for Review, Point 5.24:
In another similar situation planning permission for the erection of dwellinghouse on land at Rhu Lodge
Ferry Road Rhu Helensburgh Argyll And Bute G84 8NF, was granted in November 2020 subject to
conditions (LPA reference 20/01150/PP). Of the 9 conditions imposed 6 of these were recommended by
the Roads Officer “in the interest of road safety and in accordance with the Councils 'Roads Guidance
for Developers'”.
Argyll and But Roads Response
Roads must consider the application presented, the location, the function of the adjoining road and the
characteristics of the site/ area of the proposed connection.  
It should be noted however, for the avoidance of doubt that the application referred to is not a through
road, nor is it a ‘B’ road serving multiple communities. Roads therefore conclude that no parallel can be
drawn between these two applications. 
Document - Grounds for Review, Point 5.25:
A subsequent application submitted for the variation of condition numbers 3, 4, 5 and 6 and removal of
conditions 7 and 8 relative to planning permission 20/01150/PP (Erection of dwellinghouse) was
approved, however subject to essentially the same 6 road safety related conditions, all of which the
applicant considered to be both unnecessary and unreasonable.
Argyll and But Roads Response
As above…
Roads must consider the application presented, the location, the function of the adjoining road and the
characteristics of the site/ area of the proposed connection.  
It should be noted however, for the avoidance of doubt that the application referred to is not a through
road, nor is it a ‘B’ road serving multiple communities. Roads therefore conclude that no parallel can be
drawn between these two applications.
Whilst “the applicant may consider the conditions unreasonable”, it should be noted that the applicant is
not liable for the health and safety of all road users that occupy the adopted road network within Argyll
and Bute.
Furthermore, it should be noted Roads have suggested on numerous occasions that the applicant/
agent seek to resolve the visibility impediment issue through a legal agreement with the neighbouring
property.
Furthermore, a failure to obtain such an agreement by the applicant/ agent should not result in Argyll
and Bute Roads lessening the minimum Health and Safety requirements of the entire roads network to
facilitate a single development.

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Document - Grounds for Review, Point 5.26:
An appeal against the imposition of these 6 conditions was submitted to the Scottish Ministers (DPEA
reference PPA-130-2086). The appeal was successful. All 6 of the conditions recommend by the Roads
Officer were removed from the planning permission. They were replaced with just 3 conditions, all of
which were much more appropriate to the scale and nature of the proposed development. 
Argyll and But Roads Response
Reference again is being drawn against an application of no similarity or comparison.
As above…
Roads must consider the application presented, the location, the function of the adjoining road and the
characteristics of the site/ area of the proposed connection.  
For the avoidance of doubt, the application referred to is not a through road, nor is it a ‘B’ road that
operate a 40mph speed limit, serving as a primary distribution road to multiple coastal communities
around the peninsula. Roads therefore conclude that no parallel can be drawn between these two
applications.
It should be noted Roads have suggested on numerous occasions that the applicant/ agent seek to
resolve the visibility impediment issue through a legal agreement with the neighbouring property.
Furthermore, a failure to obtain such an agreement by the applicant/ agent should not result in Argyll
and Bute Roads lessening the minimum Health and Safety requirements of the entire roads network to
facilitate a single development.

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Roads Review – 25/0006/LRB – Erection of dwellinghouse and detached double garage– June 2025 (rev 0) 
Classification: OFFICIAL
Document - Grounds for Review, Point 5.27:
In paragraph 16 of the Reporter’s decision (Document 5) letter it states: “In this case, despite the
context described above, the road improvements sought by the council are a ‘standard’ response to the
predicted effects of the proposed development, based on guidance set out in the National Roads
Development Guide (2017) and the council’s Roads Guidance for Developers (small housing
developments) (2008). There is no acknowledgement in the roads officer’s consultation responses, nor
the report of handling, to the scope that exists within the guidance to reduce or seek improvements
commensurate to the nature, scale and location of the proposed development.” 
Argyll and But Roads Response
The roads response consultation response in constructed in combination with a site-specific
assessment, and a firm knowledge and understanding of the associated local and national design
guidance.
As detailed previously…
Argyll & Bute Roads Technical design guidance (2024), Section 4.0 sets out the minimum visibility splay
requirements for a new access onto/ off of the adopted carriageway for small housing developments
between 1 to 5 dwellings. Within which it details the visibility requirements for a 40mph road is 75m.
Furthermore, the Design Manual for Roads and Bridges (DMRB) TD 9/93: Highway Link Design’
guidance states that for roads that operate an 85th  percentile vehicle speed of 40mph, the stopping sight
distance is 80m.
The application proposes 40m of unobstructed visibility splay, this equates to only 53% of the minimum
Argyll and Bute standard, and 50% of minimum national design standards.
The Roads consultation response therefore does take account of the size of the development, one
dwelling, and applied the MINIMUM visibility splay requirements for both vehicles exiting the proposed
development and for vehicles traveling along the adopted carriageway, as visibility applies to both those
on and those joining the adopted carriageway.

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Roads Review – 25/0006/LRB – Erection of dwellinghouse and detached double garage– June 2025 (rev 0) 
Classification: OFFICIAL
Document - Grounds for Review, Point 5.28:
The appointed Reporter concluded by saying: “The appellant has demonstrated to my satisfaction that it
is neither necessary nor reasonable to require Ferry Road to be improved to an adoptable standard
given the location, nature and scale of the development proposed; it is a lightly-trafficked private road
within a conservation area. There is no evidence to suggest that the council has undertaken an
assessment of use to justify the package of improvement measures to Ferry Road that it seeks. In the
absence of such, I consider the improvements proposed by the appellant are proportionate and would
ensure that Ferry Road continues to function safely and effectively.” 
Argyll and But Roads Response
Reference again is being drawn against an application of no similarity or comparison.
As previously stated…
The adjoining road, is a ‘B’ road that operate a 40mph speed limit, serving as a primary distribution road
to multiple coastal communities around the peninsula. It is not “a lightly trafficked private road”.
Roads therefore conclude that no parallel can be drawn between these two applications.
It should be noted Roads have suggested on numerous occasions that the applicant/ agent seek to
resolve the visibility impediment issue through a legal agreement with the neighbouring property.
Furthermore, a failure to obtain such an agreement by the applicant/ agent should not result in Argyll
and Bute Roads lessening the minimum Health and Safety requirements of the entire roads network to
facilitate a single development. 
Document - Grounds for Review, Point 5.29:
The appointed Reporter concluded by saying: “The appellant has demonstrated to my satisfaction that it
is neither necessary nor reasonable to require Ferry Road to be improved to an adoptable standard
given the location, nature and scale of the development proposed; it is a lightly-trafficked private road
within a conservation area. There is no evidence to suggest that the council has undertaken an
assessment of use to justify the package of improvement measures to Ferry Road that it seeks. In the
absence of such, I consider the improvements proposed by the appellant are proportionate and would
ensure that Ferry Road continues to function safely and effectively.” 
Argyll and But Roads Response
Reference again is being drawn against an application of no similarity or comparison.
As previously stated…
The adjoining road, is a ‘B’ road that operate a 40mph speed limit, serving as a primary distribution road
to multiple coastal communities around the peninsula. It is not “a lightly trafficked private road”.
Roads therefore conclude that no parallel can be drawn between these two applications.
It should be noted Roads have suggested on numerous occasions that the applicant/ agent seek to
resolve the visibility impediment issue through a legal agreement with the neighbouring property.
Furthermore, a failure to obtain such an agreement by the applicant/ agent should not result in Argyll
and Bute Roads lessening the minimum Health and Safety requirements of the entire roads network to
facilitate a single development.

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Document - Grounds for Review, Point 5.30:
Additionally, the ‘standard’ values have been quoted in the refusal, despite the Roads Officer having
agreed to visibility splays of 2 x 1.05 x 75 metres on 5th December 2023, further demonstrating the cut-
and-paste approach to this case. With respect to the current application, Officers have again taken an
over-simplistic, standardised approach to the requirement for visibility splays at the entrance to the
proposed house plot. In doing so they have therefore not taken any account of local circumstances or
the proposed (and otherwise unachievable) road safety improvements.
Argyll and But Roads Response
As previously stated…Roads must consider the application presented, the location, the function of the
adjoining road and the characteristics of the site/ area of the proposed connection.  
In this instance, Roads issued a consultation response in January 2025 following numerous site visits
and details conversations with the appointed Planning Officer. During which the Officer advised that the
applicant/ agent could not guarantee that an agreement with the neighbouring property could be
achieved, and the minimum visibility splay maintained in perpetuity.
With this in mind, and with the due regard towards the health and safety of all road users, the minimum
visibility splay requirements, detailed within Argyll & Bute Roads Technical design guidance (2024),
Section 4.0, and the proposal to achieve only 53% of the minimum standard, the application was
recommended for refusal.
Roads refute the allegation that they have “again taken an over-simplistic, standardised approach to the
requirement for visibility splays at the entrance to the proposed house plot”  and direct that a consistent
approach towards Road Safety, and a failure to obtain the minimum Health and Safety requirements of
the roads network, to facilitate a single development, should not mandate an almost 50% reduction in
Argyll and Bute Roads safety standards.
Furthermore, it should be noted…
Roads have suggested on numerous occasions that the applicant/ agent seek to resolve the visibility
impediment issue through a legal agreement with the neighbouring property.
A failure to obtain such an agreement by the applicant/ agent should not result in Argyll and Bute Roads
lessening the minimum Health and Safety requirements of the roads network to facilitate a single
development.