Consider Notice of Review Request: Seaview, Bruichladdich, Isle of Islay, Argyll, Pa49 7Un (Ref: 25/0004/Lrb)
Argyll and Bute Council · 5 June 2025
Back to Argyll and Bute Local Review Body — 5 June 2025 and its agenda
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Classification: OFFICIAL Dear Review Committee I am responding to the Statement of Case from Argyll and Bute Council (25/0004/LRB) "Taking account of the above, it is respectfully requested that the application for review be dismissed." Section 25 of the Town and Country Planning (Scotland) Act 1997 states that in determining planning applications, decisions should be made in accordance with the development plan, unless material considerations indicate otherwise. Therefore I understand that whilst the development plan is the primary consideration for the planning department, other factors such as the fundamental safety of my son should be considered as a material consideration and I understand that this is within the scope of Section 25 of the Town and Country Planning (Scotland) Act 1997. Having researched the Section 25 of the Town and Country Planning (Scotland) Act 1997, it states that material considerations cannot be defined as such as there are many different aspects to consider for each individual planning application, however there is evidence that material considerations should include and are not limited to the following: • The impact on the local environment. • The impact on the character and amenity of the area • The impact on public health and safety. • The impact on heritage sites. It appears that Argyll and Bute council’s planning department have displayed rigidity in applying the relevant statute to this planning application and have only considered the first 2 of these points and completely ignored the safety aspect despite being informed by myself as the appellant of the very real danger my son faces on a daily basis. In response to the statement stating "No supporting statement was submitted with the planning application advising Officers of concerns in relation to the safety of the appellants son which has only been raised during the appeal process. The appellant could have submitted this information which would have been dealt with confidentially and restricted from the wider public. As this information was not provided with the application no consideration was given to these circumstances. NPF4 Policy 16h) is of relevance to householder development proposals that provide adaptations to people with health conditions that lead to particular accommodation needs.” Prior to me submitting my retrospective planning application, I researched how information is used for planning applications. This is what I found and this affected my decision not to include details of my son’s disability in my duty to uphold his privacy and dignity. Argyll and Bute Planning Portal is in the public domain All planning application information, including plans and documents, is accessible through the council's online public access system. Hardcopy information and plans can also be inspected by the public at local area planning offices.
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Classification: OFFICIAL Argyll and Bute Council makes this information available to the public for review and comment. Anyone can access this information and participate in the planning process. I could not see anywhere that certain sensitive information can be withheld and who decides this when the application is submitted? It is convenient for the council to point this out after the event. I ask that full consideration be given to the confidentiality of my son’s circumstances when deliberating why this information was not included in the initial application. I also attach a letter from my GP in support of the erection of this fence in order to maintain the safety of my son. Please see attached. Kind regards Katie MacLellan Confidential Appendices issued to Members of Argyll and Bute Local Review separately from Agenda pack.