Form AB1 Notice of Review Request March 2025 KMcL redacted
Argyll and Bute Council · 5 June 2025
Back to Argyll and Bute Local Review Body — 5 June 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Ref: AB1 ARGYLL AND BUTE COUNCIL www.argyll-bute.gov.uk/** NOTICE OF REVIEW OFFICIAL USE 23 April 2025 Date Received Notice of Request for Review under Section 43(a)8 of the Town and Country Planning (Scotland) Act 1997 and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 Important – Please read the notes on how to complete this form and use Block Capitals. Further information is available on the Council’s website. You should, if you wish, seek advice from a Professional Advisor on how to complete this form. (1) APPLICANT FOR REVIEW (2) AGENT (if any) Name KATHRYN MACLELLAN Name Address SEAVIEW Address BRUICHLADDICH ISLE OF ISLAY Post Code PA49 7UN Post Code Tel. No. 07964337622 Tel. No. Email katie.maclellan3@gmail.com Email (3) Do you wish correspondence to be sent to you x or your Agent (4) (a) Reference Number of Planning Application 24/01635/PP (b) Date of Submission 03/09/24 (c) Date of Decision Notice (if applicable) 20/03/25 (5) Address of Appeal Property SEAVIEW BRUICHLADDICH ISLE OF ISLAY ARGYLL PA49 7UN
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(6) Description of Proposal ERECTION OF FENCE (RETROSPECTIVE) (7) Please set out detailed reasons for requesting the review:- The reason given for refusal of planning permission is: 1. By virtue of it’s prominent siting, design, material and scale the fence has an unacceptable and harmful effect on the character and appearance of the surrounding area and the street scene. Having sought opinion and support from Councillors Redman and McFadzean, they also do not understand how a natural material (sustainable timber), tidy fence placed upon the inside of the existing boundary wall which is uniform in size and shape has a ‘harmful effect on the character and appearance of the surrounding area and street scene’. To provide some perspective and reference to where our property is situated and the surrounding area, this is in the same street scene as an area of waste land (owned by Gleaner oil) which is infested with Japanese knotweed which has spread into our garden, an ugly oil depot just metres up the road surrounded by an unsightly metal fence which encloses 2 massive storage tanks visible from well across the island. On the other side of us is currently an ugly building site covered in rubble and public toilets whilst directly in front of our property there is a large ugly black oil pipe running from the pier to the oil depot across an area of waste land. This is also in the same surrounding area where untreated raw domestic effluent from our own property, the next door property and the public toilets is being continuously deposited onto a nearby beach due to a broken sewer pipe which allows raw sewage and toilet waste to be deposited at low tide on a beautiful sandy beach used by people, domestic animals, wildlife and nesting birds. (I have reported this to A&B Council, SEPA & Scottish Water with no action) This is the same surrounding area where, despite council and police being very much aware of the issue, vehicles drive past our property at speeds in excess of 50-60mph every few minutes. (A video of this issue is available as additional evidence if you require it) Continued on next page …
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I would therefore consider the unchecked raw sewage being discharged into the immediate natural environment and the constant unchecked speeding of vehicles both of which the council are fully aware to have “an unacceptable and harmful effect on the character and appearance of the surrounding area and the street scene” to be infinitely more damaging than the erection of a neat wooden fence designed to protect life. We consciously constructed the fence out of natural sustainable materials and erected it as an essential security measure, both for our disabled adult son who experiences many challenges due to having severe autism and learning disabilities but with a desire to ‘escape’ from our property day and night and runaway when he becomes anxious and his behaviour becomes challenging and for our pets which despite our best efforts have succumbed to the speeding traffic resulting in their deaths. Our son possesses zero road safety awareness despite our best efforts and as his legal guardian I have a duty set in law by the Public Guardian of Scotland to keep my son safe from harm. The Universal Declaration of Human Rights (UDHR) Article 3 states: “Everyone has the right to life, liberty and security of person” This therefore implies a right to safety and security from harm hence the fence. Our 2 pet cats were run over (one was completely flattened) and a beloved 18 month old Labrador was killed in September 2024 all by speeding vehicles who did not even report the incidents and we had to notify the police ourselves. These pets could very easily have been my son such is the indiscriminate way vehicle drivers speed past our property. I am extremely concerned that despite me citing safety reasons in my original submission, the planning officer made the decision that the aesthetic of the surrounding area be prioritised over this legitimate safety concern for a vulnerable adult. The experience of losing my beloved cats and dog has been traumatic to put it mildly and every day we are living a nightmare in trying to keep our son safe, this fence is just part of a list of measures we have put in place to reduce his risks from this dangerous road. There are also large oil tankers turning and reversing on the road at the oil depot just metres from our property all day and in the early evening, this is happening right next to the Lochindaal Way, a pedestrian and cycle footpath between Bruichladdich and Port Charlotte which has a road crossing point next to the oil depot. The speeding vehicles coming into the village from the south down the hill are also a huge risk to the pedestrians and cyclists who cross this stretch of road, metres from our property day and night.
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The signs that were put up to warn motorists of pedestrians crossing were blown away in the recent storms and not yet fully replaced however it is our fence that the council are focusing their efforts and attention on. I have also sought help from my local MSP Jenni Minto regarding this issue who has been in contact with Argyll & Bute Council on my behalf regarding the speeding vehicles situation. The council responded by stating that they plan to add the village of Bruichladdich to the areas where speed surveys are undertaken and added that this would be delayed as the speed monitoring equipment is in need of replacing. I would be more than happy to take down this fence so that me and my family could enjoy the lovely view we have at the front of our property from our garden, however until there are robust anti speeding measures put in place in Bruichladdich and all across Islay in the 30mph zones and when I can be assured that the council (and the police) take this issue seriously enough and my son’s safety has been prioritised, I will be appealing the decision to have me remove the only structure that keeps my vulnerable disabled son from being hit and possibly fatally injured by a speeding vehicle. I note that the roads department had no objection to the fence and stated 1. The fence sits behind a high masonry boundary wall, the fence has not reduced the sightline. I would urge the review panel to reconsider this decision and take into account the bigger picture and the very reason behind the erection of this fence rather than considering how it fits in with the surrounding area. Who in their right mind would want to obliterate a view of the beautiful loch and the surrounding area from their garden unless there was a very good reason for the existence of this fence? (see photo 2 of our view from the garden) If insufficient space please continue on a separate page. Is this attached? Please tick to confirm (8) Have you raised any matters which were not before the appointed officer at the time determination of your application was made Yes If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review.
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Yes but only in so far as citing my son’s safety, who’s dignity and privacy I try to protect at all times and did not wish to use his challenges to ‘score a point’, the fact that I now have to do this is humiliating for both him and for me. In my original submission the planning officer was fully aware of the death of my cats during the last few years and the death of my dog last year all caused directly by speeding vehicles. The council and the police are also fully aware of the excessive speeds of vehicles travelling on the road immediately in front of my house yet choose to take zero action. I note that there was no reference to the safety aspect in the refusal decision and it is disappointing that the aesthetic of such a fence is prioritised over the safety aspect in a planning decision, therefore I felt that by raising the issue of the potential loss of human life of my beautiful son this may be viewed by the council as a slightly more significant reason for the fence. I also attach photos as new evidence of 1. a sign directly in front of my house requesting drivers to slow down, this was put up 10 years ago in an attempt to ask drivers to slow their speed in the absence of any measures put in place by the roads department. It is ignored. 2. The view from our garden which is being blocked by our fence so you understand the sacrifice we are making. I would request a site visit for you to appreciate what I have stated in this review request. Come to my house even for 5-10 minutes and you will certainly witness the speeding traffic. (9) If the Local Review Body determines that it requires further information on “specified matters” please indicate which of the following procedure you would prefer to provide such information:- (a) Dealt with by written submission (b) Dealt with by Local Hearing (c) Dealt with by written submission and site inspection
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(d) Dealt with by local hearing and site inspection x NB it is a matter solely for the Local Review Body to determine if further information is required and, if so, how it should be obtained. (10) Please list in the schedule all documentation submitted as part of the application for review ensuring that each document corresponds to the numbering in the sections below:- Schedule of documents submitted with Notice of Review (Note if posting your paperwork 3 paper copies of each of the documents referred to in the schedule below must be attached): No Detail 1 Photo of sign Sign to encourage drivers to slow down 2 Photo of view View we are blocking to prioritise safety 3 Video sent in file (if required) Video of speeding vehicles (if required) 4 Photos of fence 5 Site plan 6 7 8 9 10 If insufficient space please continue on a separate page. Is this attached? Please tick to confirm Submitted by (Please sign) Katie MacLellan Dated 18.04.25
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Important Notes for Guidance (1) All matters which the applicant intends to raise in the review must be set out in or accompany this Notice of Review (2) All documents, materials and evidence which the applicant intends to rely on in the Review must accompany the Notice of Review UNLESS further information is required under Regulation 15 or by authority of the Hearing Session Rules. (3) Guidance on the procedures can be found on the Council’s website -: http://www.argyll-bute.gov.uk/planning-and-environment/local-review-body (4) In in doubt how to proceed please contact 01546 604392/604269 or email: localreviewprocess@argyll-bute.gov.uk (5) Once completed this form can be either emailed to localreviewprocess@argyll-bute.gov.uk or returned by post to Committee Services, (Local Review Body), Kilmory, Lochgilphead, Argyll, PA31 8RT (6) You will receive an acknowledgement of this form, usually by electronic mail (if applicable), within 14 days of the receipt of your form and supporting documentation. If you have any queries relating to the completion of this form please contact Committee Services on 01546 604392/604269 or email: localreviewprocess@argyll- bute.gov.uk For official use only Date form issued Issued by (please sign)