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Consider Notice of Review Request: Kellan, Glenmore Road, Oban, Pa34 4Nb (Ref: 24/0010/Lrb)

Argyll and Bute Council · 20 June 2024
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fair planning & design                                                                                
chartered planning and architectural services 
Response to representations submitted relative to 
Notice of Review 24/0010/LRB
Argyll and Bute Council – Local Review Body 
Appellant:   Derek MacLean 
Project Ref:  2024006 
Development: Refusal of planning permission in principle 23/01163/PPP:
Site for the erection of a dwellinghouse 
Site:     Kellan, Glenmore Road, Oban, PA34 4NB 
Scale:    Local development

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Response 
Thank you for the opportunity to respond to representations submitted relative to Notice of
Review 24/0010/LRB.   
We note the Planning Authority response to the Notice of Review. Our response is listed
below for brevity.  Please read this document in conjunction with our original statement of
case for completeness. 
By way of explanation of the appellant’s excavation of the site prior to advancing a
planning application – as referenced in the Planning Authority response – Mr MacLean was
unaware that the landscaping works he proposed within his garden would be considered
of such a scale as may drift towards an engineering operation which could itself be
development requiring planning permission.  Mr MacLean apologises if he was wrong in
that respect, although we are also aware of cases where excavation works exceeding that
which Mr MacLean has undertaken were deemed to be landscaping rather than
development following the pursuit of enforcement action (e.g. Philipson v Highland
Council).  We note that the Planning Service is not opposed to the excavation works nor
are they recommending that this be pursued. 
Returning to the matter at hand: 
• We welcome the Planning Authority’s further confirmation that the proposed house
plot “represents a suitable opportunity within the defined settlement for the
development of a suitably sited and designed dwellinghouse which will relate to the
existing development within this area”, and that they consider it acceptable in all
respects other than access. 
• We note that no specific response or comments have been provided to the matters
raised in our comprehensive appeal statement. 
• The Planning Authority’s resistance to the application was founded on the belief that
the house would generate a material intensification of use of an existing constrained
public approach road, and whereas they state that no commensurate or off-site
road improvements are possible, and whereas they conclude that the development
would have a significant adverse impact on highway safety. 
• The three critical factors in the assessment are: 
1) whether the proposal constitutes a material intensification of use,
2) whether commensurate improvements are possible, and 
3) whether such improvements would mitigate any perceived adverse impact on
highway safety. 
• We continue to assert that adding a single house to a public road loop that already
serves 229 houses, plus a public viewpoint and which provides a bus route, can only
represent a marginal intensification of use of the public road network. 
• We further assert that commensurate improvements are possible, whereas the
applicant owns a 55m road frontage where road widening could be provided for by
retaining a 0.7m strip free of development.  The scale of improvement suggested

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here is comparable to that which was accepted as a sufficient commensurate
improvement to justify the five house development (21/02509/PP) granted in March
2022 just around the corner from the appeal site. 
• Given that a similar scale of commensurate improvements was accepted for a five-
house development just 200m away along the same constrained public road loop,
and whereas such improvements were required on land entirely within the
applicants control in that case (rather than seeking to address the worst areas of the
public road network that served that site), there appears to be a clear argument in
favour of securing commensurate improvements on the land within the appellant’s
control in return for enabling one additional house to be provided in this instance. 
• In these circumstances, we consider: 
1) there is only a marginal intensification of use of the public road,
2) commensurate improvements are possible on the appellant’s land, and 
3) such improvements would be sufficient to mitigate any perceived adverse
impact on overall highway safety. 
• The proposed access from the proposed house site onto the public road itself will
adhere to current standards.  The only deficiency that exists is within the public road
network when that is compared against current standards for new public roads. 
• There appears to be a conclusion drawn by the Roads Authority that deficiencies
from the standards required of new public roads automatically renders the pre-
existing network serving Pulpit Hill unsafe.  To our knowledge, including research of
publicly available sources, there have been no recorded accidents on the public
road network serving Pulpit Hill.  The conclusion of the Roads Authority has not yet
been justified by means of any empirical evidence.  The Roads Authority’s resistance
towards all housing development (other than that which was previously granted
before 2012) appears to be an ad hoc response, following the unsuccessful
investigation/report around changing Glenmore Road and Crannag a’ Mhinister to
a one-way system. 
• Given the very small degree of change in vehicular demand on the public road
network (+0.44%), we assert that one new house could be provided without requiring
improvement to the public road network, and we ask that the Roads Authority be
required to provide any evidence they hold to the contrary.   
• If Members of the LRB determine it necessary, following a site visit, we ask that the
ability to secure commensurate improvements within the appellant’s land be
explored further.  Enabling the development by securing commensurate
improvements would remain in line with NPF4 Policy 13(g) and LDP2 Policy 41.   
• In the context of a recognised housing emergency, and whereas the proposed site
is already deemed acceptable by the Planning Authority in all other respects, we
ask that this proposal to add one house within the main settlement of Oban be
considered favourably.

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Summary 
The Local Review Body is again asked to support this Notice of Review and enable a small
positive contribution towards local housing supply in a location that complies with all
relevant planning policy and raises no unacceptable impacts.   
In the event that Members consider it necessary, we ask that commensurate improvements
to the public road, within the appellant’s 55m road frontage, be explored further in order
that planning permission in principle might be granted subject to conditions. 
............................................
Stephen Fair MRTPI MURP
fair planning & design 
21 May 2024