Agenda reports pack
Argyll and Bute Council · 20 January 2025
Back to Argyll and Bute Local Review Body — 20 January 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Argyll and Bute Council Comhairle Earra-Ghàidheal Agus Bhòid Executive Director: Douglas Hendry Kilmory, Lochgilphead, PA31 8RT Tel: 01546 602127 Fax: 01546 604435 DX 599700 LOCHGILPHEAD 13 January 2025 NOTICE OF MEETING A meeting of the ARGYLL AND BUTE LOCAL REVIEW BODY will be held MS TEAMS on MONDAY, 20 JANUARY 2025 at 2:00 PM, which you are requested to attend. Douglas Hendry Executive Director BUSINESS 1. APOLOGIES FOR ABSENCE 2. DECLARATIONS OF INTEREST 3. CONSIDER NOTICE OF REVIEW REQUEST: KELLAN, GLENMORE ROAD, OBAN, PA34 4NB (REF: 24/0010/LRB) (a) Further Information from Roads (Pages 3 - 4) (b) Further Information from Planning (Pages 5 - 16) (c) Comments from Applicant's Agent on Further Information (Pages 17 - 18) Argyll and Bute Local Review Body Councillor Gordon Blair (Chair) Councillor Daniel Hampsey Councillor Mark Irvine Contact: Fiona McCallum Tel: 01546 604392 Public Document Pack
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Good morning all. In response to “Clarification on the practicalities of the Applicant widening the road at the pinch point or laying a pavement on the Applicant’s land running parallel to the UC53 Glenmore Road, in terms of who would be responsible for maintaining the widened part of the road or the pavement, for example, would either be adopted by the Council or remain on private land.” We would note the following: 1. The carriageway to be 5.5m wide 2. Footway to be 2m wide. a. Construction depth 170mm: made up with 100mm subbase, 50mm binder course and 20mm surface course 3. Vehicular accesses to be formed with 6m radii, 90 degrees from public road. a. Access to be surfaced with bituminous material at least 2m back from road edge. b. Access to be constructed in a manner which prevents any surface water flow onto the public road i. 125 x 150mm precast concrete bullnose kerb with 20mm water check to be laid across access (ref. drg. SD08/002/RevB, attached) 4. Footways will be part of the adopted road corridor and maintained by the roads authority. The bellmouth access will be maintained by the roads authority to the front face of the bullnose kerb. We acknowledge that it is only one more dwelling house but it is the cumulative impact of development on the network traffic capacity that is the Roads Authorities main concern (and globally across the Pulpit Hill area). Regards Stuart Watson FIHE Assistant Network and Standards Manager (Traffic & Development) Page 3 Agenda Item 3a
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Classification: OFFICIAL RESPONSE TO REQUEST FOR FURTHER INFORMATION FOR ARGYLL AND BUTE COUNCIL LOCAL REVIEW BODY 24/0010/LRB REFUSAL OF PLANNING PERMISSION IN PRINCIPLE FOR THE SITE FOR THE ERECTION OF DWELLINGHOUSE – PLANNING APPLICATION REFERENCE 23/01163/PPP KELLAN, GLENMORE ROAD, OBAN, ARGYLL Page 5 Agenda Item 3b
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Classification: OFFICIAL INFORMATION REQUIRED Appropriate conditions and reasons to attach to any consent in the event that Members of the LRB were minded to approve the application. CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 23/01163/PPP Standard Time Limit Condition (as defined by Regulation) Additional Conditions 1. PPP – Matters Requiring AMSC Submission Plans and particulars of the matters specified in conditions 3, 4, 5, 6, 7, 8 and 9 below shall be submitted by way of application(s) for Approval of Matters Specified in Conditions in accordance with the timescales and other limitations in Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. Thereafter the development shall be completed wholly in accordance with the approved details. Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. 2. PPP – Approved Details The development shall be implemented in accordance with the details specified on the application form dated 14.06.2024 and the approved drawings listed in the table below. Plan Title. Plan Ref. No. Version Date Received Site Plan Scheme Design 2216 01 C 06.07.2024 Reason: To accord with Regulation 28 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008. Note to Applicant Regard should be had to the consultation comments submitted by Scottish Water details of which are published on the planning application file and are available to view via the Public Access section of the Council’s website 3. PPP – Timescale to be Agreed for Completion Pursuant to Condition 1 - no development shall commence until details of the proposed timescale for completion of the approved development have been submitted to and approved by the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority. Page 6
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Classification: OFFICIAL Reason: In order to comply with the requirements of NPF4 Policy 16F. 4. PPP – Design and Finishes Pursuant to Condition 1 – no development shall commence until plans and particulars of the site layout, design and external finishes of the dwellinghouse has been submitted to and approved by the Planning Authority. These details shall incorporate: i) A statement addressing the Action Checklist for developing design contained within the Argyll and Bute Sustainable Design Guide 2006; ii) A statement addressing how the proposed development has been designed to be consistent with the six qualities of successful places, as defined within Policy 14 of NPF4; iii) Single or one and a half storey in height; iv) Windows with a vertical emphasis; v) Finished in palette of muted finishing materials which could include render, natural stone, timber or a mixture of these finishes; vi) Have a roof pitch between 37 and 42 degrees finished in natural slate or good quality artificial slate; vii) Details of finished ground floor level of the development relative to an identifiable fixed datum located outwith the application site, along with details of the existing and proposed site levels shown in the form of sectional drawings/contour plans/site level survey, or a combination of these. viii) Details of an area within the application site for the placement of refuse/recycling bins. Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended, and in order to integrate the proposed dwellinghouse with its surroundings. 5. PPP – Roads, Access and Parking Pursuant to Condition 1 – no development shall commence until plans and particulars of the means of vehicular access and parking/turning arrangements to serve the development have been submitted to and approved by the Planning Authority. Such details shall incorporate: Construction of the access at the junction with the public road in accordance with the Council’s Roads Standard Detail Drawing SD 08/002 Revision B; to be formed with a 6 metre radii, 90 degrees from the public road, surfaced with bituminous material at least 2m back from road edge with 125 x 150mm precast concrete bullnose kerb with 20mm water check to be laid across the access with visibility splays measuring 2.4 metres to point X by 25 metres to point Y from the centre line of the junction; The provision of parking and turning in accordance with the requirements of Policy 40 and the Car Parking Standards of the adopted ‘Argyll and Bute Local Development Plan 2’ 2024. Page 7
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Classification: OFFICIAL Prior to work starting on site, the approved scheme of works in respect of junction layout shall be formed to at least base course standard and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the junction at point X to a point 0.6 metres above the public road carriageway at point Y. The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter. The approved parking and turning layout shall be implemented in full prior to the development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles. Reason: In the interests of road safety. Note to Applicant: A Roads Opening Permit (S56) will be required for the proposed access construction. No walls, fences, hedges etc. greater than 1 metre in height will be permitted within 2 metres from the channel line of the public road. The access shall be constructed and drained to ensure that no surface water is discharged onto the public road. The bellmouth access will be maintained by the roads authority to the front face of the bullnose kerb. 6. PPP – Construction of a Footway Pursuant to Condition 1, no development shall commence until plans and particulars for the construction of a footway set back from the alignment of the adjacent shared access road both uphill and downhill of the site have been submitted to and approved in writing by the Planning Authority in consultation with the Area Roads Authority. Such details shall incorporate: The formation of a 2m wide footway with a construction depth of 170mm; made up with 100mm subbase, 50mm binder course and 20mm surface course. Reason: In the interests of public safety. Note to Applicant: The footway will be part of the adopted road corridor and maintained by the roads authority. 7. PPP - Electric Vehicle Charging – Residential with off street parking Pursuant to Condition 1, no development shall commence until a scheme detailing the provision of a minimum 7kw electric vehicle charging point is submitted to and approved in writing by the Planning Authority. Where charging cannot be provided Page 8
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Classification: OFFICIAL then the appropriate ducting to future proof the property must be detailed. The approved charging point, or where relevant, the approved cable ducting shall be installed in full prior to the first occupation of the development, and thereafter retained in perpetuity unless otherwise agreed in writing by the Planning Authority Reason: To comply with the provisions of NPF4 Policy 13 Sustainable Transport and LDP2 Policy 34 – Electric Vehicle Charging. 8. PPP – Details of New Private Foul Drainage System Pursuant to Condition 1 – no development shall commence until details of the proposed means of private foul drainage to serve the development have been submitted to and approved by the Planning Authority. The duly approved scheme shall be implemented in full concurrently with the development that it is intended to serve and shall be operational prior to the occupation of the development. Reason: To ensure that an adequate means of foul drainage is available to serve the development. Note to Applicant: Private drainage arrangements are also subject to separate regulation by Building Standards and SEPA. 9. PPP - Landscaping and Biodiversity Enhancement Pursuant to Condition 1 – no development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved by the Planning Authority. The scheme shall comprise a planting plan and schedule which shall include details of: i) Existing and proposed ground levels in relation to an identified fixed datum; ii) Existing landscaping features and vegetation to be retained; iii) Location design and materials of proposed walls, fences and gates; iv) Proposed soft and hard landscaping works including the location, species and size of every tree/shrub to be planted; v) A biodiversity statement demonstrating how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be maintained for the lifetime of the development; vi) A programme for the timing, method of implementation, completion and subsequent on-going maintenance. All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme unless otherwise approved in writing by the Planning Authority. Any trees/shrubs which within a period of five years from the completion of the approved landscaping scheme fail to become established, die, become seriously Page 9
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Classification: OFFICIAL diseased, or are removed or damaged shall be replaced in the following planting season with equivalent numbers, sizes and species as those originally required to be planted unless otherwise approved in writing by the Planning Authority. All physical biodiversity enhancement measures (bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and insect boxes, hedgehog homes etc.) shall be implemented in full before the development hereby approved is first brought into use. All biodiversity enhancement measures consisting of new or enhanced planting shall be undertaken either in accordance with the approved scheme of implementation or within the next available planting season following the development first being brought into use. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Reason: To assist with the integration of the proposal with its surroundings in the interests of amenity. Page 10
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Classification: OFFICIAL RESPONSE TO REQUEST FOR FURTHER INFORMATION FOR ARGYLL AND BUTE COUNCIL LOCAL REVIEW BODY 24/0010/LRB REFUSAL OF PLANNING PERMISSION IN PRINCIPLE FOR THE SITE FOR THE ERECTION OF DWELLINGHOUSE – PLANNING APPLICATION REFERENCE 23/01163/PPP KELLAN, GLENMORE ROAD, OBAN, ARGYLL Page 11
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Classification: OFFICIAL INFORMATION REQUIRED Appropriate conditions and reasons to attach to any consent in the event that Members of the LRB were minded to approve the application. CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 23/01163/PPP Standard Time Limit Condition (as defined by Regulation) Additional Conditions 1. PPP – Matters Requiring AMSC Submission Plans and particulars of the matters specified in conditions 3, 4, 5, 6, 7, 8 and 9 below shall be submitted by way of application(s) for Approval of Matters Specified in Conditions in accordance with the timescales and other limitations in Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. Thereafter the development shall be completed wholly in accordance with the approved details. Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. 2. PPP – Approved Details The development shall be implemented in accordance with the details specified on the application form dated 14.06.2024 and the approved drawings listed in the table below. Plan Title. Plan Ref. No. Version Date Received Site Plan Scheme Design 2216 01 C 06.07.2024 Reason: To accord with Regulation 28 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008. Note to Applicant Regard should be had to the consultation comments submitted by Scottish Water details of which are published on the planning application file and are available to view via the Public Access section of the Council’s website 3. PPP – Timescale to be Agreed for Completion Pursuant to Condition 1 - no development shall commence until details of the proposed timescale for completion of the approved development have been submitted to and approved by the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority. Reason: In order to comply with the requirements of NPF4 Policy 16F. Page 12
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Classification: OFFICIAL 4. PPP – Design and Finishes Pursuant to Condition 1 – no development shall commence until plans and particulars of the site layout, design and external finishes of the dwellinghouse has been submitted to and approved by the Planning Authority. These details shall incorporate: i) A statement addressing the Action Checklist for developing design contained within the Argyll and Bute Sustainable Design Guide 2006; ii) A statement addressing how the proposed development has been designed to be consistent with the six qualities of successful places, as defined within Policy 14 of NPF4; iii) Single or one and a half storey in height; iv) Windows with a vertical emphasis; v) Finished in palette of muted finishing materials which could include render, natural stone, timber or a mixture of these finishes; vi) Have a roof pitch between 37 and 42 degrees finished in natural slate or good quality artificial slate; vii) Details of finished ground floor level of the development relative to an identifiable fixed datum located outwith the application site, along with details of the existing and proposed site levels shown in the form of sectional drawings/contour plans/site level survey, or a combination of these. viii) Details of an area within the application site for the placement of refuse/recycling bins. Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended, and in order to integrate the proposed dwellinghouse with its surroundings. 5. PPP – Roads, Access and Parking Pursuant to Condition 1 – no development shall commence until plans and particulars of the means of vehicular access and parking/turning arrangements to serve the development have been submitted to and approved by the Planning Authority. Such details shall incorporate: Construction of the access at the junction with the public road in accordance with the Council’s Roads Standard Detail Drawing SD 08/002 Revision B; to be formed with a 6 metre radii, 90 degrees from the public road, surfaced with bituminous material at least 2m back from road edge with 125 x 150mm precast concrete bullnose kerb with 20mm water check to be laid across the access with visibility splays measuring 2.4 metres to point X by 25 metres to point Y from the centre line of the junction; The provision of parking and turning in accordance with the requirements of Policy 40 and the Car Parking Standards of the adopted ‘Argyll and Bute Local Development Plan 2’ 2024. Page 13
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Classification: OFFICIAL Prior to work starting on site, the approved scheme of works in respect of junction layout shall be formed to at least base course standard and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the junction at point X to a point 0.6 metres above the public road carriageway at point Y. The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter. The approved parking and turning layout shall be implemented in full prior to the development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles. Reason: In the interests of road safety. Note to Applicant: A Roads Opening Permit (S56) will be required for the proposed access construction. No walls, fences, hedges etc. greater than 1 metre in height will be permitted within 2 metres from the channel line of the public road. The access shall be constructed and drained to ensure that no surface water is discharged onto the public road. Footways will be part of the adopted road corridor and maintained by the roads authority. 6. PPP – Road Widening Pursuant to Condition 1, no development shall commence until plans and particulars for the widening of the existing carriageway (UC53 Glenmore Road) along the length of the applicant’s landholding have been submitted to and approved in writing by the Planning Authority in consultation with the Area Roads Authority. Such details shall incorporate: Widening the carriageway to be 5.5 metres in width. Reason: In the interests of road safety. Note to Applicant: The bellmouth access will be maintained by the roads authority to the front face of the bullnose kerb. 7. PPP - Electric Vehicle Charging – Residential with off street parking Pursuant to Condition 1, no development shall commence until a scheme detailing the provision of a minimum 7kw electric vehicle charging point is submitted to and approved in writing by the Planning Authority. Where charging cannot be provided then the appropriate ducting to future proof the property must be detailed. Page 14
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Classification: OFFICIAL The approved charging point, or where relevant, the approved cable ducting shall be installed in full prior to the first occupation of the development, and thereafter retained in perpetuity unless otherwise agreed in writing by the Planning Authority Reason: To comply with the provisions of NPF4 Policy 13 Sustainable Transport and LDP2 Policy 34 – Electric Vehicle Charging. 8. PPP – Details of New Private Foul Drainage System Pursuant to Condition 1 – no development shall commence until details of the proposed means of private foul drainage to serve the development have been submitted to and approved by the Planning Authority. The duly approved scheme shall be implemented in full concurrently with the development that it is intended to serve and shall be operational prior to the occupation of the development. Reason: To ensure that an adequate means of foul drainage is available to serve the development. Note to Applicant: Private drainage arrangements are also subject to separate regulation by Building Standards and SEPA. 9. PPP - Landscaping and Biodiversity Enhancement Pursuant to Condition 1 – no development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved by the Planning Authority. The scheme shall comprise a planting plan and schedule which shall include details of: i) Existing and proposed ground levels in relation to an identified fixed datum; ii) Existing landscaping features and vegetation to be retained; iii) Location design and materials of proposed walls, fences and gates; iv) Proposed soft and hard landscaping works including the location, species and size of every tree/shrub to be planted; v) A biodiversity statement demonstrating how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be maintained for the lifetime of the development; vi) A programme for the timing, method of implementation, completion and subsequent on-going maintenance. All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme unless otherwise approved in writing by the Planning Authority. Any trees/shrubs which within a period of five years from the completion of the approved landscaping scheme fail to become established, die, become seriously diseased, or are removed or damaged shall be replaced in the following planting Page 15
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Classification: OFFICIAL season with equivalent numbers, sizes and species as those originally required to be planted unless otherwise approved in writing by the Planning Authority. All physical biodiversity enhancement measures (bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and insect boxes, hedgehog homes etc.) shall be implemented in full before the development hereby approved is first brought into use. All biodiversity enhancement measures consisting of new or enhanced planting shall be undertaken either in accordance with the approved scheme of implementation or within the next available planting season following the development first being brought into use. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Reason: To assist with the integration of the proposal with its surroundings in the interests of amenity. Page 16
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Good afternoon Fiona Thank you for allowing additional time for our response, in light of the Roads Authority input of November 13th not being issued to the appellant at all and not reaching us as agent due to a typo in the email address. Following the site visit the LRB sought views on one option versus the other, relative to commensurate improvements - either the widening of the existing pinch point on the public road OR the provision of a footpath along the site frontage. The Roads Authority appear to be seeking both. In so doing, they would be ignoring the explicit request from the LRB for a comment on one option versus the other. During the site visit Stuart Watson indicated - when asked about providing a footpath at the site - that the Roads Authority need to be careful not to make disproportionate requests, in order to avoid going beyond what could be considered commensurate. Requiring both road widening and footpath provision would go beyond what would be considered commensurate to the scale of development that is proposed, (one additional house on a public road loop which already serves 239 properties). The effect of both road improvements in combination would be to eat into the site to such a degree that it would compromise the site. Seeking both sets of improvements would be disproportionate & unreasonable. As highlighted during our earlier statement of case, a 5 house development has recently been approved around the corner on the same public road loop, with just 300mm of road widening works required in that case - with support from the Roads Authority. Policy requires 'commensurate' improvements where a deficiency is identified in the public road network. Commensurate is defined as 'corresponding in size or degree, in proportion'. We ask that the required degree of balance is applied by LRB Members when deciding which commensurate improvements should apply in this case, giving consideration to the following points in their deliberations: Pavement provision: • Whilst understanding that footpath networks are ideal for pedestrian safety, we question whether a pavement along this short site frontage would offer the best road safety improvement in this instance. • There are no pavements in the road network in this area of the town and the pedestrian route to Pulpit Hill diverts to the steps before this site is reached. • Any formal pavement at this site would be isolated from any other pavement and would appear out of place. • The new house access would cross the line of the pavement, meaning that it would be a short section with dropped kerbs and be set back from the alignment of the adjacent shared surface road both uphill and downhill of the site - creating a practical risk that a pavement here might not be used. • A 1.5m or 2.0m wide pavement along the site frontage would eat into the application site area, constraining the available space for the proposed house and garden. • Providing a pavement would not address the pinch point that exists alongside the streetlamp, so the bus service would still need to pause at the driveway entrance of Kellan (when coming uphill) until any other traffic coming downhill has passed, and vice versa. If a pavement with dropped kerbs existed, the bus may even run onto the pavement at times to overcome the pinch point in the road. • We are concerned that a footpath would not provide the greatest benefit to road users, might not be fully utilised, and could itself stray beyond what is commensurate to the Page 17 Agenda Item 3c
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small scale of development that is proposed in this case - having regard to comments of Stuart Watson during the site visit. Road widening: • Mr MacLean would be happy to widen the public road to 5.5m wide along his landholding frontage and to pay for this improvement to be made. • The widened strip would require sub-base and tar depths to the correct adoptive standard of construction, in order that the widened road surface would be adopted by the council. • The physical works would involve straightening out the kerb line along the property frontage between the northern and southern extremities, to remove the existing pinch point near the existing streetlamp. • Mr MacLean would retain ownership and management of the land up to the back edge of the new kerb line, with finer details controlled via the Road Opening Permit process. • The streetlamp could be positioned to align with the boundary between Kellan and the new plot by the council's street lighting personnel when the road widening is being undertaken. • These works could be completed before construction commences on the house. • The new access, plus the existing access to Kellan, would provide two good sized pedestrian refuges clear of the carriageway. • This would achieve a welcome road safety improvement for all traffic using the road, creating a stretch where two vehicles can pass easily and distinct locations where pedestrians can readily step off the road as need be, with good forward visibility in both directions. • We believe this improvement would provide the broadest benefits and would remain commensurate to the scale of the single house proposal. The above matters can be adequately controlled via the relevant version of draft planning conditions provided by Planning Officers. In the event that the road widening is to be applied, we note that standard drawing SD 08 002 REV B is the required access standard, but this switches to standard drawing SD 08 005 REV B if a footpath is to be provided, as per the current Roads Technical Guidelines. Kind regards Stephen Fair Page 18