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.
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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
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(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
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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.
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(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
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(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
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(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)