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Planning - Statement of Case

Argyll and Bute Council · 12 November 2024
Back to Argyll and Bute Local Review Body — 12 November 2024 and its agenda

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STATEMENT OF CASE 
FOR 
ARGYLL AND BUTE COUNCIL 
LOCAL REVIEW BODY 
REFUSAL OF PLANNING PERMISSION FOR
ERECTION OF DWELLINGHOUSE AND DETACHED
GARAGE, INSTALLATION OF SEPTIC TANK
TREATMENT SYSTEM AND ASSOCIATED OUTFALL
AND FORMATION OF VEHICULAR ACCESS AT;
LAND NORTH OF ROCKMOUNT, PORTINCAPLE 
PLANNING APPLICATION REFERENCE NUMBER
21/01589/PP 
LOCAL REVIEW BOARD REFERENCE 
NUMBER 24/0016/LRB 
17th OCTOBER 2024

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The Planning Authority is Argyll and Bute Council (‘the Council’). The appellant is Mr Iain
Hall (“the appellant”). The agent is Mr Alastair Cassell / Dualchas Architects (“the agent”). 
Planning permission 21/01589/PP for the erection of dwellinghouse and detached garage,
installation of septic tank treatment system and associated outfall and formation of vehicular
access at; land north of rockmount, portincaple (“the appeal site”) was refused by the
Planning Service under delegated powers on the 19th Jul 2024. This decision is the subject
of referral to the Local Review Body 
DESCRIPTION OF SITE 
The appeal site is located within the settlement area of Portincaple as identified in the
adopted Argyll and Bute Local Development Plan (LDP2). The site also lies within a
designated local landscape area. The site measures approximately 5,400 square metres and
is bounded to the West by the shores of Loch Long, to the South by the boundary of
neighbouring property Rockmount which is delineated by a timber fence and a steep rocky
escarpment / vegetation, to the East by existing vegetation, and to the North by existing
vegetation including trees and sections of post and wire fencing. The site has historically
been cleared of the majority of trees and vegetation which would not have required consent.
The site slopes steeply from the East down to the shore of Loch Long to the West. 
The proposed house is to be sited to the West of the site towards the shoreline on a flatter
section of ground, the footprint of the proposed house is approximately 155sqm. A double
detached garage is proposed to the East of the site adjacent to the proposed access which
is to be located at the South / East corner, the footprint of the proposed garage is
approximately 50sqm. A parking and turning area is proposed directly in front of the garage,
the proposed driveway will transverse through the site terminating at another parking and
turning area to the rear of the proposed house. 
Access is to the proposed development is to be via an existing private road which serves a
large number of private properties. This private road is a ‘dead end’ road which commences
at the nearest adopted road ‘Feuins Road’. This proposal seeks to utilise this private road
and from another access onto it for the formation of the proposed dwellinghouse access and
driveway. 
STATUTORY BASIS ON WHICH THE APPEAL SHOULD BE DECIDED 
Section 25 of the Town and Country Planning (Scotland) Act 1997 provides that where, in
making any determination under the Planning Act, regard is to be had to the development
plan, and all other material planning considerations and the determination shall be made in
accordance with the plan unless material considerations indicate otherwise. This is the test
for this application.

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REQUIREMENT FOR ADDITIONAL INFORMATION AND A HEARING 
It is not considered that any additional information is required in light of the appellant’s
submission. The issues raised were assessed in the Report of Handling which is contained
in Appendix A. As such it is considered that Members have all the information they need to
determine the case. Given the above it is not considered that a Hearing is required. 
STATEMENT OF CASE 
This Review rests on the issue of whether or not the planning authority were correct to
refuse planning permission. The Report of Handling (ROH) is attached as Appendix A to this
Statement as background information. The planning officer submits that, in her opinion, the
ROH accurately summarises the material planning issues raised by the development
proposed, this being informed by the application as submitted, by the additional supporting
documents received from the appellant’s agent, the third party representations received and
the consultation responses. 
COMMENT ON APPELLANT’S SUBMISSION 
The appellant wishes to appeal the decision to refuse application on the grounds that the
reason given for refusal is based on unjustifiably onerous conditions put forward by the
Traffic & Development Officer which are neither commensurate nor appropriate to the scale
of the proposed development. 
In response to this the council’s local roads area manager was initially consulted on the
proposals and requested demonstration that certain commensurate improvement works to
the existing access could be achieved. These improvement works included demonstration of
the required; gradients along the access not exceeding 12.5% (1 in 8), details of how
existing driveway access align with the required gradients, widths of the access, widths and
lengths of the passing places, intervisibility of the passing places, details of the required
surface water drainage along the access and details of the required turning point to
accommodate service / emergency vehicles. The commensurate improvement works are
considered by the Roads Authority to be appropriate to the scale and nature of the proposed
new development. 
The appellant latterly provided a detailed road survey report and study on how the existing
road could be upgraded to meet these requirements in so far as reasonably practicable
given the topographic constraints of the road and the surrounding site. This additional
supporting information was considered by the roads officer and they provided an updated
consultation response recommending refusal.

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The ROH addresses the additional information as submitted by the appellant and notes; ‘the
additional information fails to show the required inter-visible passing places along the access
road and that 3 of the indicated passing places are not within the applicant’s ownership and
are in fact existing access to other dwellinghouses. It is also noted that the additional
information fails to demonstrate that the maximum gradient of 12.5% can be achieved along
the length of the access with the proposals showing sections of 15.11% and 16.97%. While it
is noted that the applicants have shown 2 proposed inter-visible passing places on land
within their ownership, a proposed turning head and that sections of the road fall below the
maximum permitted gradient of 12.5%, they have not shown that all commensurate
improvements can be achieved.’ 
The ROH then goes onto to note; ‘the area roads manager is recommended refusal of the
application as the required commensurate improvements cannot be achieved due to; the
existing topography of the access road / site and the ability to deliver the required passing
places and widths within land in the applicant’s control. Roads have further noted that while
the applicants have submitted information to demonstrate what could be achievable within
land in their ownership it is not considered that this is sufficient to justify further
intensification of an already unsuitable access road. Therefore, it is considered that the
proposal would not comply with LDP2 policy 37 and also LDP2 polices 01 & 66 as adequate
access cannot be provided.’ 
The appellant also notes within their submission; ‘The refusal also states, without any further
explanation, that the application is contrary to LDP2 policy 66 and LDP2 policy 01.’ 
LDP2 policy 01 states; 'Within the Settlement Areas as defined on the proposals maps
development will normally be acceptable where: It is compatible with surrounding uses
including but not exclusively; providing access, service areas, infrastructure for existing,
proposed or potential future development’.  For clarity the proposals would not comply with
LDP2 policy 01 as an appropriate access cannot be provided. 
LDP2 policy 66 states; 'New buildings will only be permitted where: e) an appropriate
standard of access to and parking for vehicles associated with the development is
provided, it does not result in the loss of any existing parking spaces, and that traffic
generated as a result of the development is capable of being accommodated within the
capacity of the existing road network surrounding the development;' For clarity the proposals
would not comply with LDP2 policy 66 as an appropriate standard of access cannot be
provided. 
Lastly the appellant notes their aggrievement with the time taken to determine the
application. This is noted by officers, however, this is not a material planning consideration,
and does not outweigh the road safety concerns.

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CONCLUSION 
Members are respectfully urged to dismiss this Notice of Review for the reasons stated
above.

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APPENDIX A
Report of Handling Relative to 21/01589/PP

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