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Argyll and Bute Council · 27 August 2024
Back to Argyll and Bute Local Review Body — 27 August 2024 and its agenda

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Page 1

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
20 August 2024 
NOTICE OF MEETING 
A meeting of the ARGYLL AND BUTE LOCAL REVIEW BODY will be held BY MICROSOFT
TEAMS on TUESDAY, 27 AUGUST 2024 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: 50 CHARLOTTE STREET,
HELENSBURGH, G84 7SR (REF: 24/0005/LRB) 
(a) Comments from Interested Parties (Roads Authority) (Pages 3 - 12)  
(b) Comments from Applicant (Pages 13 - 28) 
Argyll and Bute Local Review Body 
Councillor Kieron Green (Chair) Councillor Mark Irvine
Councillor Liz McCabe   
Contact: Lynsey Innis, Senior Committee Assistant  Tel:  01546 604338
Public Document Pack

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ARGYLL AND BUTE COUNCIL
ROADS REVIEW
LOCAL REVIEW BOARD
REFERENCE NUMBER 24/0005/LRB
PLANNING APPLICATION
REFERENCE NUMBER 23/01046/PP
LOCATION: 50 CHARLOTTE ST, HELENSBURGH, G84 7SR
PROPOSED: ALTERATIONS TO WIDEN DRIVEWAY
ENTRANCE
JUNE 2024
Page 3 Agenda Item 3a

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Roads Review – 24/0005/LRB – Alterations to Widen Driveway Entrance – June 2024 (rev 0) 
Document history 
This document has been issued and amended as follows:
Version Date Description Created by
0 04/06/2024 Roads Review + Roads Appeal Response R.Kane             
Page 4

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Roads Review – 24/0005/LRB – Alterations to Widen Driveway Entrance – June 2024 (rev 0) 
Contents
1. Project Description 1
2. History 2
3. Roads Comment 3
4. Roads Response to Appeal Comments 4
5. Summary 6 
Page 5

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Roads Review – 24/0005/LRB – Alterations to Widen Driveway Entrance – June 2024 (rev 0) 
1. Project Description
Brief: Evaluate the proposed access alterations at 50 Charlotte Street, Helensburgh.
Location/ Route: 50 Charlotte Street, Helensburgh, located at the junction/ bend between Charlotte
Street & East Rossdhu Drive. The route (Charlotte Street & East Rossdhu Drive) operates as a main
rural secondary distributor road, connecting the A818 of Sinclair Street with East Abercromby Street
and the wider residential area. Beyond this, the route serves as one of only two vehicle connections
over the lower Helensburgh railway, providing a connection between the A818 of Sinclair Street and
the A814 of East Clyde Street. 
Design Considerations: 
➢ All Roads related issues must give due consideration for the health, safety and wellbeing of all
road users.
➢ All Roads related issues must recognise the Highway Code and the hierarchy of road users,
within. This identifies that those in charge of vehicles can cause the greatest harm in the event
of a collision and thus bear the greatest responsibility. The code therefore recognises the most
vulnerable at the top of the hierarchy as pedestrians.
➢ The existing pedestrian provision.
➢ The existing vehicle access provision.
➢ The vehicle access requirements.
➢ All relevant design standards and guidance. 
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Roads Review – 24/0005/LRB – Alterations to Widen Driveway Entrance – June 2024 (rev 0) 
2. History (Road’s responses to 50 Charlotte Street between 2022& 2024)
Date Applicant Application for Roads Response
16
June
2022
Mrs Dawn
Anderson formation of additional parking
Refuse: 
• The visibility splay of 42 x 2.4 x 1.05
metres for a 30mph is not achievable. 
• Due to the close proximity with a corner
and insufficient visibility splay, vehicle
parking and turning should be achieved
within the curtilage of the dwelling with
adequate manoeuvring space within the
site for a vehicle to enter and leave in a
forward gear. 
• The removal of carriage illumination
assets, to increase private parking
provision, will not be supported.
1
August
2022
Mrs Dawn
Anderson formation of additional parking
Refuse: 
• The visibility splay of 42 x 2.4 x 1.05
metres for a 30mph is not achievable. 
• Due to the close proximity with a corner
and insufficient visibility splay, vehicle
parking and turning should be achieved
within the curtilage of the dwelling with
adequate manoeuvring space within the
site for a vehicle to enter and leave in a
forward gear.
29
August
2022
Mrs Dawn
Anderson formation of additional parking
No Objections subject to Conditions: 
• The application has been reduced to
remove any applications/ requests for
additional parking.
2
August
2023  
Refuse: 
• Roads refuse the proposed as the
widening works do not support a
widened access route within the existing
wall and, therefore consider the
proposed widening works may be
considered as an approved provision for
vehicle parking within the verge. 
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Roads Review – 24/0005/LRB – Alterations to Widen Driveway Entrance – June 2024 (rev 0) 
3. Roads Comments
In response to 23/01046/PP, proposed alterations to widen driveway, Roads note the following
comments/ concerns: 
• Visibility splays protect all road users, where a vehicle is required to reverse the operator does
not achieve the unimpeded visibility as that of a vehicle travelling in a forward gear. The
driveway in question is located on a main rural secondary distributor road, connecting the A818
of Sinclair Street with East Abercromby Street. The visibility splay requirements for Charlotte
Street are 42 x 2.4 x 1.05 metres for a 30mph. At the access to 50 Charlotte Street this is not
achievable in the improved operator position of forward gear. Parking in this location or
manoeuvring in this location therefore represents a significant Health and Safety concern to
the road safety of all road users. 
• All new, and alterations to existing accesses must give cognisance to the hierarchy of road
users, and that those in charge of vehicles represent the greatest cause of harm in the event
of a collision and thus bear the greatest responsibility. Where alterations to an existing vehicle
access do not improve the intervisibility of manoeuvring vehicles this represents a significant
Health and Safety concern to all road users, but more specifically the most vulnerable of the
hierarchy, pedestrians. 
• As detailed with Argyll and Bute standard detail drawing, SD08/005 Rev B driveway access,
the minimum width of access is 3.6m. This dimension is formed from the width of a vehicle,
between 2.0 - 2.4m, and the passing width required for a ‘vulnerable pedestrian such as a
pushchair or pram of 1.2m. The application proposes to increase the overall width of the
existing vehicle access to 6.0m. It should be noted that the minimum width of a standard bi-
directional carriageway is 5.5m. 
• Within the applicant’s submission, the pedestrian access gate is located to the south of the
vehicle access gate, yet the application proposes surface widening both north and south of the
existing access surface, increasing the overall width of the vehicle access to 6.0m. Again, it is
reiterated that the It should be noted that the minimum width of a standard bi-directional
carriageway is 5.5m. 
• The Argyll and Bute standard detail drawing, SD08/005 Rev B driveway access, details that
the minimum width of access required, to facilitate a stationary vehicle and a vulnerable
pedestrian, is 3.6m. The existing driveway surface varies in width between 3.5m and 4.0m.
The applicant is proposing a widened access of 6.0m, some 40% larger than the minimum
width required of new build developments. At 6.0m width, the surface could accommodate 2
vehicles and the passing of ‘vulnerable’ pedestrians, and therefore could be misused. 
• On two previous occasions, Roads have been asked to provide consultation response on the
“formation of additional parking”. The most recent application for the widening of the existing
access, to 6.0m, represents an excessive width for the access of 1x vehicle and pedestrian
passage. A width of 6.0m therefore represents a potential for the intensification of vehicle
parking at a location that does not achieve minimum visibility requirements or offer vehicle
turning to facilitate vehicles enter and leave in a forward gear. Any potential intensification of
this existing provision therefore represents a significant Health and Safety concern to the road
safety of all road users. 
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Roads Review – 24/0005/LRB – Alterations to Widen Driveway Entrance – June 2024 (rev 0) 
4. Roads Response to Appeal Comments 
Appeal comment: 3.6. This reason for refusal represents a misunderstanding of the nature of the
proposed alterations to the driveway. As noted at section 2 above, the widening of the driveway is not
to accommodate further vehicles but rather to accommodate a more direct route for pedestrian access
to/egress from the Property. 
Roads Response: Roads determine the width of the proposed widening (6.0m) excessive for the
proposed use, as this represents the width of a bi-directional carriageway. At the proposed width,
Roads conclude the ability for intensification of the provision, for the parking of vehicles, is greatly
increased and thus represents an increased potential roads hazard. Roads consider the proposed
widening of 6.0m without any hard segregation for pedestrians to represent a significant Health and
Safety concern to the road safety of all road users. 
Appeal comment: 3.11 The Council could also introduce signage regarding the bend if considered
appropriate, or a convex traffic mirror. 
Roads Response: Road hazards should be managed at source through effective design and not
signage. Whilst mirrors placed alongside the carriageway are not supported, the use of signage would
be considered a last option in managing a hazard. Roads do not support the management of new or
altered access arrangements, that represent of a significant Health and Safety concern to the road
safety of all road users, through the use of signage. 
Appeal comment: 3.12 It is not new development in that sense. The Proposed Development is largely
a cosmetic exercise. We therefore do not consider that such a technical assessment is appropriate
since what is proposed is, in effect, a like for like replacement of the existing driveway. 
Roads Response: The existing driveway surface varies in width between 3.5m and 4.0m. The
applicant is proposing a widened access of 6.0m, some 40% larger than the minimum width required
of new build developments. At 6.0m width, the surface could accommodate 2 vehicles and the passing
of ‘vulnerable’ pedestrians, and therefore is not “like for like replacement” but in fact an intensification
of this existing provision that therefore represents a significant Health and Safety concern to the road
safety of all road users. If should be further noted that this location was never approved for the parking
of vehicles and merely vehicle access to the property. 
Appeal comment: 3.25. Further, in the unlikely event of a car being parked on the driveway area then
pedestrians are not being forced to deviate from their walking line on to the road. 
Roads Response: Historically the applicant has previously and repeatedly applied for the formation
of additional parking. On various site visits, Roads have witnessed more than one vehicle parked
within this verge location at any one time. Finally, within picture evidence recorded on the Planning
Portal, a vehicle is parked on the driveway access to the property. Roads would therefore consider
the possibility of a vehicle parking on the access drive area to be likely. Furthermore, at the proposed
width of 6.0m, Roads conclude the ability for intensification of the provision, for the parking of vehicles,
is greatly increased. This therefore represents an increased potential roads hazard. Roads consider
the proposed widening of 6.0m without any hard segregation for pedestrians to represent a significant
Health and Safety concern to the road safety of all road users. 
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Roads Review – 24/0005/LRB – Alterations to Widen Driveway Entrance – June 2024 (rev 0) 
Appeal comment: 3.26. Again, should the Council wish to restrain parking at this location then the
Council could introduce a Traffic Regulation Order doing so. 
Roads Response: Road design that represents a hazard should be managed at source through
effective design and not through the presence of a Traffic Regulation Orders (TRO) that require
Council resources to create and maintain. 
Appeal comment: 5.2. Disability is a protected characteristic. Section 149 then continues: (3) Having
due regard to the need to advance equality of opportunity between persons who share a relevant
protected characteristic and persons who do not share it involves having due regard, in particular, to
the need to— (a) remove or minimise disadvantages suffered by persons who share a relevant
protected characteristic that are connected to that characteristic; (b) take steps to meet the needs of
persons who share a relevant protected characteristic that are different from the needs of persons
who do not share it; (c) encourage persons who share a relevant protected characteristic to participate
in public life or in any other activity in which participation by such persons is disproportionately low 
Roads Response: Argyll and Bute Roads recognise and support access for all. With that, Roads
identify that the proposed width of 6.0m represents a potential for the intensification of vehicle parking
at a location that does not achieve minimum visibility and that any potential intensification of this
existing provision therefore represents a significant Health and Safety concern to the road safety of
all road users. With due regard for the access of all, Roads counsel that any proposed widening be
limited in width to no greater than 4.0m and controlled through hard segregation between vehicle and
pedestrian access. In doing so, reducing the potential for intensification of use and controlling the
associated Health and Safety concern identified by road. 
Appeal comment: 5.3. In our submission, the appointed officer has failed to take into account that
the Proposed Development will remove or minimise disadvantages suffered by disabled persons. Set
against this backdrop, the Appellant’s planning application aligns with these commitments and should
be positively encouraged by the LRB. The Property’s existing pedestrian access is, in effect, a narrow
mud slope that restricts unimpeded access to the Property and disproportionately affects disabled
path users. 
Roads Response: Roads recognise that the proposed represents a widening of an existing access,
up to the width of a bi-directional carriageway (6.0m). The proposed in its current form does not
“remove or minimise disadvantages suffered by disabled persons” but in fact represents a potential
for the intensification of vehicle parking at a location that does not achieve minimum visibility and thus,
a significant Health and Safety concern to the road safety of all road users, not just those with
disabilities. Roads reiterate that the proposed is a point of access and not a parking provision. As the
appellant states in 3.25.” in the unlikely event of a car being parked on the driveway area” the access
width will be reduced however, as highlighted by the appellant, this is “unlikely” 
Roads would highlight the applicant has previously, and repeatedly applied for the formation of
additional parking in this location and been refused. Roads therefore counsel that any proposed
widening be limited to a width of 4.0m, permitting vehicle passage and also a pedestrian access for
all. Furthermore, Roads would condition that of the 4.0m, 1.2m of pedestrian access be retained
through hard segregation between vehicle and pedestrian access. In doing so, reducing the potential
for intensification of use and controlling the associated Health and Safety concern identified and
ensuring access for all. 
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Roads Review – 24/0005/LRB – Alterations to Widen Driveway Entrance – June 2024 (rev 0) 
5. Summary 
• The visibility splay requirements for Charlotte Street are 42 x 2.4 x 1.05 metres for a 30mph.
In its existing form, the access of 50 Charlotte Street does not achievable this. 
• Widening of the existing access to the proposed width of 6.0m represents a potential for the
intensification of vehicle parking at a location. A location that does not achieve minimum
visibility requirements. Therefore, any potential intensification of this existing provision
represents a significant Health and Safety concern to the road safety of all road users. 
• The applicant has previously, and repeatedly applied for the formation of additional parking in
this location and been refused. The proposed must therefore be consider a point of access
and into the property and not a parking provision. 
• Roads recognise the Argyll and Bute standard detail drawing, SD08/005 Rev B driveway
access, the minimum width of access is 3.6m. This dimension is formed from the width of a
vehicle, between 2.0 - 2.4m, and the passing width required for a ‘vulnerable pedestrian such
as a pushchair or pram of 1.2m. Roads recommend that any proposed widening be limited to
a width of 4.0m, permitting vehicle passage and also a pedestrian access for all. Furthermore,
Roads would condition that of the 4.0m, 1.2m of pedestrian access be retained through hard
segregation between vehicle and pedestrian access. In doing so, reducing the potential for
intensification minimising the associated Health and Safety concern identified through
insufficient visibility at this location, potential intensification of use and ensuring access for all. 
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ARGYLL AND BUTE COUNCIL 
ROADS REVIEW
LOCAL REVIEW BOARD 
REFERENCE NUMBER 24/0005/LRB
PLANNING APPLICATION 
REFERENCE NUMBER 23/01046/PP
LOCATION: 50 CHARLOTTE ST, HELENSBURGH, G84
7SR
PROPOSED: ALTERATIONS TO WIDEN DRIVEWAY 
ENTRANCE
JUNE 2024
Page 13 Agenda Item 3b

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Roads Review – 24/0005/LRB – Alterations to Widen Driveway Entrance – June 2024 (rev 0)
Document history
This document has been issued and amended as follows:
Version Date Description Created by
0 04/06/2024 Roads Review + Roads Appeal Response R.Kane                        
Page 14

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Roads Review – 24/0005/LRB – Alterations to Widen Driveway Entrance – June 2024 (rev 0) 
Contents    
1. Project Description 1
2. History 2
3. Roads Comment 3
4. Roads Response to Appeal Comments 4
5. Summary 6
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Roads Review – 24/0005/LRB – Alterations to Widen Driveway Entrance – June 2024 (rev 0)
1. Project Description
Before continuing to provide comments on this submission by the Roads Authority we wish to take this
opportunity to restate to Members that, in simple terms, and as the appellant has put it in
correspondence with us, “we’re just changing the cobbles and filling in a bit of mud to make a path into
the house.”  We urge Members to undertake a site visit to contextualise this for themselves.
Brief: Evaluate the proposed access alterations at 50 Charlotte Street, Helensburgh.
Location/ Route: 50 Charlotte Street, Helensburgh, located at the junction/ bend between Charlotte
Street & East Rossdhu Drive. The route (Charlotte Street & East Rossdhu Drive) operates as a main
rural secondary distributor road, connecting the A818 of Sinclair Street with East Abercromby Street
and the wider residential area. Beyond this, the route serves as one of only two vehicle connections
over the lower Helensburgh railway, providing a connection between the A818 of Sinclair Street and
the A814 of East Clyde Street. 
Design Considerations:
➢ All Roads related issues must give due consideration for the health, safety and wellbeing of
all road users.
➢ All Roads related issues must recognise the Highway Code and the hierarchy of road users,
within. This identifies that those in charge of vehicles can cause the greatest harm in the
event of a collision and thus bear the greatest responsibility. The code therefore recognises
the most vulnerable at the top of the hierarchy as pedestrians.
➢ The existing pedestrian provision.
➢ The existing vehicle access provision.
➢ The vehicle access requirements.
➢ All relevant design standards and guidance.
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Roads Review – 24/0005/LRB – Alterations to Widen Driveway Entrance – June 2024 (rev 0)
2. History (Road’s responses to 50 Charlotte Street between 2022& 2024)
Date Applicant Application for Roads Response
16 
June
2022
Mrs Dawn 
Anderson formation of additional parking
Refuse:
• The visibility splay of 42 x 2.4 x 1.05
metres for a 30mph is not achievable.
• Due to the close proximity with a corner
and insufficient visibility splay, vehicle
parking and turning should be achieved
within the curtilage of the dwelling with
adequate manoeuvring space within the
site for a vehicle to enter and leave in a
forward gear.
• The removal of carriage illumination
assets to increase private parking
provision, will not be supported.
1
August
2022
Mrs Dawn 
Anderson formation of additional parking
Refuse:
• The visibility splay of 42 x 2.4 x 1.05
metres for a 30mph is not achievable.
• Due to the close proximity with a corner
and insufficient visibility splay, vehicle
parking and turning should be achieved
within the curtilage of the dwelling with
adequate manoeuvring space within
the site for a vehicle to enter and leave
in a forward gear.
29
August
2022
Mrs Dawn 
Anderson formation of additional parking
No Objections subject to Conditions:
• The application has been reduced to
remove any applications/ requests for
additional parking.
2
August
2023    
Refuse:
• Roads refuse the proposed as the
widening works do not support a widened
access route within the existing wall and,
therefore consider the proposed widening
works may be considered as an approved
provision for vehicle parking within the
verge.
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Roads Review – 24/0005/LRB – Alterations to Widen Driveway Entrance – June 2024 (rev 0)
3. Roads Comments
In response to 23/01046/PP, proposed alterations to widen driveway, Roads note the following
comments/ concerns:
• Visibility splays protect all road users, where a vehicle is required to reverse the operator does
not achieve the unimpeded visibility as that of a vehicle travelling in a forward gear. The
driveway in question is located on a main rural secondary distributor road, connecting the
A818 of Sinclair Street with East Abercromby Street. The visibility splay requirements for
Charlotte Street are 42 x 2.4 x 1.05 metres for a 30mph. At the access to 50 Charlotte Street
this is not achievable in the improved operator position of forward gear. Parking in this location
or manoeuvring in this location therefore represents a significant Health and Safety concern
to the road safety of all road users.  As noted in the response of Modus Transport Solutions,
and as noted per the recent submissions made in planning application 22/00017/PP, the 85th
% speeds at this location are 17-18mph and therefore the application of such a visibility splay
is demonstrably not appropriate.
• All new, and alterations to existing accesses must give cognisance to the hierarchy of road
users, and that those in charge of vehicles represent the greatest cause of harm in the event
of a collision and thus bear the greatest responsibility. Where alterations to an existing vehicle
access do not improve the intervisibility of manoeuvring vehicles this represents a significant
Health and Safety concern to all road users, but more specifically the most vulnerable of the
hierarchy, pedestrians.  The alterations provide for a neutral position as to the driveway.  As
has been explained in previous submissions, insofar as vehicular access is concerned, the
alterations do not change the position because the alterations are, in essence, to resurface
the existing driveway.  To be clear, this is not the installation of a new driveway that was not
there before.  The driveway already exists and is merely being squared off with the existing
bricks replaced with cobbles more in-keeping with the appearance of the area.  The squaring
off of the driveway will also allow for a dedicated pedestrian route to the entrance to the
property.  As the appellant has put it in correspondence with us, “we’re just changing the
cobbles and filling in a bit of mud to make a path into the house.”
• As detailed with Argyll and Bute standard detail drawing, SD08/005 Rev B driveway access,
the minimum width of access is 3.6m. This dimension is formed from the width of a vehicle,
between 2.0 - 2.4m, and the passing width required for a ‘vulnerable pedestrian such as a
pushchair or pram of 1.2m. The application proposes to increase the overall width of the
existing vehicle access to 6.0m. It should be noted that the minimum width of a standard bi-
directional carriageway is 5.5m.  As the Roads Authority explains, 3.6m is the minimum width,
not the maximum.  There is no rule of which we are aware that precludes a width exceeding
3.6m and the Roads Authority does not provide any argument to that effect.  
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• Within the applicant’s submission, the
pedestrian access gate is located to the
south of the vehicle access gate, yet the
application proposes surface widening both
north and south of the existing access
surface, increasing the overall width of the
vehicle access to 6.0m. Again, it is
reiterated that the It should be noted that
the minimum width of a standard bi-
directional carriageway is 5.5m.  Simply,
the existing driveway, previously
constructed around a lamppost that has
now been removed, is being squared off. 
The existing construction around the (now removed) lamppost is shown on the plan to the
right.  Further, as has been explained over several submissions, the proposed development
is also to provide for a more direct access/egress to the pedestrian entrance to the property. 
At present, pedestrian access/egress must be taken at an angle because the existing driveway
had to be constructed to curve around the lamppost (shown on the above plan) which has now
been removed.  The proposed development will enable a more direct access for pedestrians
(as well as repair damage which the appellant indicates was caused by the Council during its
works to remove the lamppost). 
• The Argyll and Bute standard detail drawing, SD08/005 Rev B driveway access, details that
the minimum width of access required, to facilitate a stationary vehicle and a vulnerable
pedestrian, is 3.6m. The existing driveway surface varies in width between 3.5m and 4.0m.
The applicant is proposing a widened access of 6.0m, some 40% larger than the minimum
width required of new build developments. At 6.0m width, the surface could accommodate 2
vehicles and the passing of ‘vulnerable’ pedestrians, and therefore could be misused.  Once
again, the minimum width is just that – a minimum width.
• On two previous occasions, Roads have been asked to provide consultation response on the
“formation of additional parking”. The most recent application for the widening of the existing
access, to 6.0m, represents an excessive width for the access of 1x vehicle and pedestrian
passage. A width of 6.0m therefore represents a potential for the intensification of vehicle
parking at a location that does not achieve minimum visibility requirements or offer vehicle
turning to facilitate vehicles enter and leave in a forward gear. Any potential intensification of
this existing provision therefore represents a significant Health and Safety concern to the road
safety of all road users.  Please see submission of Modus Transport Solutions in this regard.
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Roads Review – 24/0005/LRB – Alterations to Widen Driveway Entrance – June 2024 (rev 0)
4. Roads Response to Appeal Comments
Appeal comment: 3.6. This reason for refusal represents a misunderstanding of the nature of the
proposed alterations to the driveway. As noted at section 2 above, the widening of the driveway is not
to accommodate further vehicles but rather to accommodate a more direct route for pedestrian access
to/egress from the Property.
Roads Response: Roads determine the width of the proposed widening (6.0m) excessive for the
proposed use, as this represents the width of a bi-directional carriageway. At the proposed width,
Roads conclude the ability for intensification of the provision, for the parking of vehicles, is greatly
increased and thus represents an increased potential roads hazard. Roads consider the proposed
widening of 6.0m without any hard segregation for pedestrians to represent a significant Health and
Safety concern to the road safety of all road users.
The additional hard surfacing is principally to accommodate a more direct pedestrian access/egress
from the property.
Appeal comment: 3.11 The Council could also introduce signage regarding the bend if considered
appropriate, or a convex traffic mirror.
Roads Response: Road hazards should be managed at source through effective design and not
signage. Whilst mirrors placed alongside the carriageway are not supported, the use of signage would
be considered a last option in managing a hazard. Roads do not support the management of new or
altered access arrangements, that represent of a significant Health and Safety concern to the road
safety of all road users, through the use of signage.
It is disputed that the proposed development generates any form of road hazard given the nature of
the development that is proposed.
Appeal comment: 3.12 It is not new development in that sense. The Proposed Development is
largely a cosmetic exercise. We therefore do not consider that such a technical assessment is
appropriate since what is proposed is, in effect, a like for like replacement of the existing driveway.
Roads Response: The existing driveway surface varies in width between 3.5m and 4.0m. The applicant
is proposing a widened access of 6.0m, some 40% larger than the minimum width required of new build
developments. At 6.0m width, the surface could accommodate 2 vehicles and the passing of ‘vulnerable’
pedestrians, and therefore is not “like for like replacement” but in fact an intensification of this existing
provision that therefore represents a significant Health and Safety concern to the road safety of all road
users. If should be further noted that this location was never approved for the parking of vehicles and
merely vehicle access to the property.
It is disputed that the proposed development represents an intensification of the existing provision
because the proposed alterations are also to accommodate a more direct pedestrian access/egress.  
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Appeal comment: 3.25. Further, in the unlikely event of a car being parked on the driveway area
then pedestrians are not being forced to deviate from their walking line on to the road.
Roads Response: Historically the applicant has previously and repeatedly applied for the formation
of additional parking. On various site visits, Roads have witnessed more than one vehicle parked
within this verge location at any one time. Finally, within picture evidence recorded on the Planning
Portal, a vehicle is parked on the driveway access to the property. Roads would therefore consider
the possibility of a vehicle parking on the access drive area to be likely. Furthermore, at the proposed
width of 6.0m, Roads conclude the ability for intensification of the provision, for the parking of vehicles,
is greatly increased. This therefore represents an increased potential roads hazard. Roads consider
the proposed widening of 6.0m without any hard segregation for pedestrians to represent a significant
Health and Safety concern to the road safety of all road users.
The appellant would be content to accept a planning condition requiring the existing plans that have
been submitted to be updated to show a segregated path within the overall cobbled width of 6.0m. 
Amendments to applications cannot be made once the application has been determined by the
appointed officer but a non-material change, such as the introduction of a line in a different colour of
cobble stone to delineate the path, comparable to the plan below, could competently be conditioned
to include wording that the path (and only the path) remains free of obstruction.
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Roads Review – 24/0005/LRB – Alterations to Widen Driveway Entrance – June 2024 (rev 0)
Appeal comment: 3.26. Again, should the Council wish to restrain parking at this location then the
Council could introduce a Traffic Regulation Order doing so.
Roads Response: Road design that represents a hazard should be managed at source through
effective design and not through the presence of a Traffic Regulation Orders (TRO) that require
Council resources to create and maintain.
The competence of a TRO is not disputed by the Roads Authority.
Appeal comment: 5.2. Disability is a protected characteristic. Section 149 then continues: (3) Having
due regard to the need to advance equality of opportunity between persons who share a relevant
protected characteristic and persons who do not share it involves having due regard, in particular, to
the need to— (a) remove or minimise disadvantages suffered by persons who share a relevant
protected characteristic that are connected to that characteristic; (b) take steps to meet the needs of
persons who share a relevant protected characteristic that are different from the needs of persons who
do not share it; (c) encourage persons who share a relevant protected characteristic to participate in
public life or in any other activity in which participation by such persons is disproportionately low
Roads Response: Argyll and Bute Roads recognise and support access for all. With that, Roads
identify that the proposed width of 6.0m represents a potential for the intensification of vehicle parking
at a location that does not achieve minimum visibility and that any potential intensification of this
existing provision therefore represents a significant Health and Safety concern to the road safety of
all road users. With due regard for the access of all, Roads counsel that any proposed widening be
limited in width to no greater than 4.0m and controlled through hard segregation between vehicle and
pedestrian access. In doing so, reducing the potential for intensification of use and controlling the
associated Health and Safety concern identified by road.
The additional hard surfacing proposed is principally to accommodate improved pedestrian
access/egress from the property, including vulnerable persons.
Appeal comment: 5.3. In our submission, the appointed officer has failed to take into account that
the Proposed Development will remove or minimise disadvantages suffered by disabled persons. Set
against this backdrop, the Appellant’s planning application aligns with these commitments and should
be positively encouraged by the LRB. The Property’s existing pedestrian access is, in effect, a narrow
mud slope that restricts unimpeded access to the Property and disproportionately affects disabled
path users.
Roads Response: Roads recognise that the proposed represents a widening of an existing access,
up to the width of a bi-directional carriageway (6.0m). The proposed in its current form does not
“remove or minimise disadvantages suffered by disabled persons” but in fact represents a potential
for the intensification of vehicle parking at a location that does not achieve minimum visibility and thus,
a significant Health and Safety concern to the road safety of all road users, not just those with
disabilities. Roads reiterate that the proposed is a point of access and not a parking provision. As the
appellant states in 3.25.” in the unlikely event of a car being parked on the driveway area” the access
width will be reduced however, as highlighted by the appellant, this is “unlikely”
Roads would highlight the applicant has previously, and repeatedly applied for the formation of
additional parking in this location and been refused. Roads therefore counsel that any proposed
widening be limited to a width of 4.0m, permitting vehicle passage and also a pedestrian access for
all. Furthermore, Roads would condition that of the 4.0m, 1.2m of pedestrian access be retained
through hard segregation between vehicle and pedestrian access. In doing so, reducing the potential
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for intensification of use and controlling the associated Health and Safety concern identified and
ensuring access for all.
The appellant noted in discussions on this aspect of the appeal that should a person in a wheelchair
wish to gain access to the property, in the absence of the widening of the driveway to install a more
direct and dedicated pedestrian path, such access would be exceedingly difficult.  The appellant urges
the members of the LRB to undertake a site visit where they can see for themselves the relationship
of the proposed development to the property, the fact that the proposed alterations are so incredibly
modest, and the basic common sense behind the appellant’s proposed development.
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Roads Review – 24/0005/LRB – Alterations to Widen Driveway Entrance – June 2024 (rev 0)
5. Summary
For the reasons noted above and in the submission of Modus Transport Solutions, the conclusions below
are disputed.
• The visibility splay requirements for Charlotte Street are 42 x 2.4 x 1.05 metres for a 30mph.
In its existing form, the access of 50 Charlotte Street does not achievable this.
• Widening of the existing access to the proposed width of 6.0m represents a potential for the
intensification of vehicle parking at a location. A location that does not achieve minimum
visibility requirements. Therefore, any potential intensification of this existing provision
represents a significant Health and Safety concern to the road safety of all road users.
• The applicant has previously, and repeatedly applied for the formation of additional parking
in this location and been refused. The proposed must therefore be consider a point of access
and into the property and not a parking provision.
• Roads recognise the Argyll and Bute standard detail drawing, SD08/005 Rev B driveway
access, the minimum width of access is 3.6m. This dimension is formed from the width of a
vehicle, between 2.0 - 2.4m, and the passing width required for a ‘vulnerable pedestrian such
as a pushchair or pram of 1.2m. Roads recommend that any proposed widening be limited to
a width of 4.0m, permitting vehicle passage and also a pedestrian access for all. Furthermore,
Roads would condition that of the 4.0m, 1.2m of pedestrian access be retained through hard
segregation between vehicle and pedestrian access. In doing so, reducing the potential for
intensification minimising the associated Health and Safety concern identified through
insufficient visibility at this location, potential intensification of use and ensuring access for all.
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Registered address:
5 South Gyle Crescent Lane
Edinburgh
EH12 9EG
T:  07816902730
E: duncan@modustransportsolutions.co.uk
W  :www.modustransportsolutions.co.uk
Modus Response - 50 Charlotte Street Helensburgh(37214213.2) 
Page | 1
Argyll and Bute Council
Development Management
Kilmory Castle
Lochgilphead
Argyll
PA31 8RT 8th July 2024
F.A.O - Kirsty Sweeney
50 Charlotte Street, Helensburgh
Modus Transport Solutions Ltd has been appointed by Dawn Anderson to review the Roads response
provided by Argyll and Bute Council in relation to the proposed alterations to widen the driveway entrance
at 50 Charlotte Street, Helensburgh.
We have reviewed the Roads response provided and would question the validity of the points set out in the
response.
In my 33 years of working in the traffic and transport planning industry, I have never come across the
Highway Code being used, or suggested to be used, as a Design Standard for highway design projects. I,
therefore, find it very unusual that this is referenced within the response on several occasions. All road
users are considered within the recognised Design Standards such as the Design Manual for Roads and
Bridges (DMRB), Designing Streets, the National Roads Development Guide and indeed Argyll and Bute
Council’s - Roads and Infrastructure Services Roads Development Technical Guidance. 
The Roads Department has classified Charlotte Street as a “main rural secondary distributor road”. This is
not a recognised classification within DMRB, Designing Street, National Roads Development Guide or Argyll
and Bute Council’s - Roads and Infrastructure Services Roads Development Technical Guidance. I would
question this classification for a number of reasons. Charlotte Street is located in the eastern residential
area of Helensburgh. Its location is not rural and, in fact, its location is purely residential. Charlotte Steet is
a residential road with direct frontage access to driveways, parking areas and on-street parking along its
length, it is not a distributor road. There is no road signage, advance direction signage or otherwise, to
Charlotte Street from either the A818 or the A814 suggesting it is a distributor road. 
The Council have suggested visibility splay requirements of 42m x 2.4m for a 30mph speed limit. I would
question whether the 85th % speeds on Charlotte Street are at a level of 30mph and would respectfully
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50 Charlotte Street, Helensburgh 
Proposed Dirveway Alterations 
Modus Response - 50 Charlotte Street Helensburgh(37214213.2) 
Page | 2 
suggest that they are more likely to be in the region of 20mph or less given the geometry of the road.
Indeed, I understand that this has already been demonstrated to the Council utilising very recent speed
survey findings commissioned for planning application 22/00017/PP at East Rossdhu Drive, located only
metres from Ms Anderson’s property, which evidenced that 85th % speeds at the corner of East Rossdhu
Drive/Charlotte Street are 17-18mph. This would equate to sightlines of 25m x 2.4m. This could be
determined by a further speed survey if required.
A vehicle exiting the proposed driveway area can clearly see a vehicle approaching from either the right or
the left when doing so in a forward gear. To suggest that there is a significant Health and Safety concern
for such a manoeuvre is frankly ridiculous. One only needs to drive along the full length of Charlotte Street
from the A818 to the A814 to observe similar driveways and parking areas. It is recommended that the LRB
should attend a site visit to clarify this situation for themselves.
Argyll and Bute make continued reference to vulnerable road users and the significant Health and Safety
issues on Charlotte Street. There have been no reported injury accidents on this section of Charlotte Street
in the past 24 years (reference CrashMap UK data) and therefore I find it hard to believe that resurfacing of
this driveway to include a modest extension for pedestrian access/egress will cause some sort of dramatic
road safety issue.
A standard double garage driveway is typically 5-6m in width. While a bi-directional carriageway may indeed
be 5.5m wide, as stated by the Council, this does not take into account car doors requiring to be opened.
Indeed, two standard car parking spaces side by side would be 5m wide. The applicant is simply allowing
for an additional area for pedestrians, hence the 6m. The Council’s 3.6m is a minimum standard, not a
maximum, and the Applicant wants to apply for more than the minimum standard.
The Council suggest that a width of 6.0m would represent a potential for the intensification of vehicle
parking at a location that does not achieve minimum visibility requirements or offer vehicle turning to
facilitate vehicles entering and leaving in a forward gear. Once again this claim makes no sense.  Are the
Council now suggesting that all vehicles accessing a driveway have to leave in a forward gear? Is it now
being suggested by the Council that all residents are required to reverse onto their driveway from the road
to enable them to leave in a forward gear? This can easily be achieved from the proposed driveway if this
is indeed a requirement.
The proposals are for an improved driveway access with additional space for pedestrians with very low
levels of vehicle activity over the course of a day and at low speeds at this location. This will certainly not
create the dramatic road safety issues the Council is alluding to.  
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50 Charlotte Street, Helensburgh 
Proposed Dirveway Alterations
Modus Response - 50 Charlotte Street Helensburgh(37214213.2) 
Page | 3
It is the professional opinion of Modus Transport Solutions Ltd that the proposals at 50 Charlotte Street,
Helensburgh meet the appropriate design standards and do not create a significant health and safety
concern.
Yours sincerely,
On behalf of Modus Transport Solutions
Duncan Birrell
Director
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