Democracy Spraffa

21-00908-PP Completed-signed Review Form_Redacted

Argyll and Bute Council · 25 November 2024
Back to Argyll and Bute Local Review Body — 25 November 2024 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

Ref: AB1 ARGYLL AND BUTE COUNCIL
www.argyll-bute.gov.uk/** 
NOTICE OF REVIEW 
OFFICIAL USE 
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 John A Smith Name 
Address 50 Forest Grove  Address 
Kilmarnock              
Post Code KA3 1UP Post Code 
Tel. No.  Tel. No. 
Email  Email 
(3) Do you wish correspondence to be sent to you  X       or your Agent 
(4) (a) Reference Number of Planning Application  21/00908/PP 
(b) Date of Submission 28 April 2021   
(c) Date of Decision Notice (if applicable) 22 July 2024   
(5) Address of Appeal Property           Vacant Land North West
of Finnart Farmhouse,
Feuins Road, Portincaple,
Argyll and Bute

Page 2

(6) Description of Proposal           Erection of Dwellinghouse, installation of private
sewage treatment facility and formation of new
access. 
(7) Please set out detailed reasons for requesting the review:- 
To correct what we view as an error in renewal of planning condition for
visibility splay (condition 2) where previous approved visibility splay was
requested as 42m but is now listed as 136m.
In addition the failure of Planning Officer to action both our efforts and
Planning Consultants numerous efforts (via email correspondence) to action
Planning reconsideration of this matter. This is also despite providing to the
Planning Officer specialist access audit evidence supporting the previously
approved 42m visibility splay. 
In addition we would like to bring to the attention of the Local Review Body,
that we are aware that, on the 5/10/2022 Planning Permission was granted
on the opposite side of Feuins Road (21/00232/PPP- Site for erection of 2
dwellinghouses) where the condition for visibility splay has returned to 42m.
(evidence taken from Infrastructure Services Report PORT-21-00232) 
Please note the conditions for visibility both directions along Feuins Road are
similar for both Planning applications. 
The request for this review is to provide a continued and established norm for
visibility splay along Feuins Road both for current applications and future. 
Full email correspondence to Planning Officer’s available on request. 
End

Page 3

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. 
This new matter provides support that 42m visibility splay is the norm for
Feuins Road. 
This matter was not raised with the appointed officer as we were under the
impression that, despite the time delay for determination the evidence
provided would be sufficient to revert the visibility splay back to the previous
42m. 
On receiving the Planning Permission for renewal without any address to our
concerns, we then revisited the Local Authority Planning Portal and
discovered that on the 5/10/2022 Planning Permission was granted on the
opposite side of Feuins Road (21/00232/PPP- Site for erection of 2
dwellinghouses) where the condition for visibility splay has returned to 42m. 
(Detail No1-evidence taken from Infrastructure Services Report PORT-21-
00232)
We believe this new evidence strongly supports 42m visibility splay as the
correct requirement.

Page 4

(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 X   
(b) Dealt with by Local Hearing 
(c) Dealt with by written submission and site inspection

Page 5

(d) Dealt with by local hearing and site inspection 
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 Infrastructure Services Report   Port -21-00232 
2  
3  
4  
5  
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)  
Dated 10/10/2024 
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

Page 6

(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)