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Agenda reports pack

Argyll and Bute Council · 20 June 2024
Back to Argyll and Bute Local Review Body — 20 June 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 
13 June 2024 
NOTICE OF MEETING 
A meeting of the ARGYLL AND BUTE LOCAL REVIEW BODY will be held BY MICROSOFT
TEAMS on THURSDAY, 20 JUNE 2024 at 10:45 AM, 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: KELLAN, GLENMORE ROAD,
OBAN, PA34 4NB (REF: 24/0010/LRB) 
(a) Notice of Review and Supporting Documentation (Pages 3 - 66)  
(b) Comments from Interested Parties (Pages 67 - 92)  
(c) Comments from Applicant (Pages 93 - 96) 
Argyll and Bute Local Review Body 
Councillor Gordon Blair (Chair) Councillor Daniel Hampsey
Councillor Mark Irvine   
Contact: Fiona McCallum   Tel: 01546 604392
Public Document Pack

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Central Validation Team at Argyll and Bute Council 1A Manse Brae Lochgilphead PA31 8RD  Tel: 01546 605518  Email:
planning.hq@argyll-bute.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100669481-001
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Fair Planning & Design
Stephen
Fair
Ardconnel Terrace
Lios Mhoire
PA34 5DJ
United Kingdom
Oban
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Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Mr
KELLAN
Derek
Argyll and Bute Council
MacLean
GLENMORE ROAD
Glenmore Road
Kellan
OBAN
PA34 4NB
PA34 4NB
United Kingdom
729413
Oban
185325
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Description of Proposal
Please provide a description of your proposal to which your review relates. The description should be the same as given in the
application form, or as amended with the agreement of the planning authority: *
(Max 500 characters)
Type of Application
What type of application did you submit to the planning authority? *
  Application for planning permission (including householder application but excluding application to work minerals).
  Application for planning permission in principle.
  Further application.
  Application for approval of matters specified in conditions.
What does your review relate to? *
  Refusal Notice.
 Grant of permission with Conditions imposed.
  No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.
Statement of reasons for seeking review
You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement
must set out all matters you consider require  to be taken into account in determining your review. If necessary this can be provided as a
separate document in the ‘Supporting Documents’ section: *  (Max 500 characters)
Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce
all of the information you want the decision-maker to take into account.
You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at
the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that
time or that it not being raised before that time is a consequence of exceptional circumstances.
Have you raised any matters which were not before the appointed officer  at the time the  Yes   No
Determination on your application was made? *
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: * (Max 500 characters)
Site for the erection of dwellinghouse
See attached written statement of case and appendices.
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Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only,  without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes   No
Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may
select more than one option if you wish the review to be a combination of procedures.
Please select a further procedure *
Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it
will deal with?  (Max 500 characters)
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes   No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes    No
Written statement of case and appendices:  1) Application form 2) Roads Authority consultation response 3) Report
of Handling 4) Decision Notice 5) Refused application plans 6) Current site photographs 7) Approved location plan for
21/02509/PP  8) Approved site plan for 21/02509/PP  9) Approved road improvements plan for 21/02509/PP  10)
Decision notice for 21/02509/PP 
23/01163/PPP
16/02/2024
By means of inspection of the land to which the review relates
19/06/2023
The Local Review Body is invited to undertake a site visit in order see the public road network and site context in person, and to
view the comparable site with planning permission for five houses around the corner on Pulpit Hill - these matters being difficult to
fully appreciate by electronic means or to convey with site photographs.
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Checklist – Application for Notice of Review
Please complete the following checklist to make sure  you have provided all the necessary information in support of your appeal. Failure
to submit all this  information may result in your appeal  being deemed invalid.
Have you provided the name and address of the applicant?.  *  Yes   No
Have you provided the date and reference number of the application which is the subject of this  Yes   No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes   No   N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes   No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes   No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr Stephen Fair
Declaration Date: 24/04/2024
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fair planning & design                                                                                
chartered planning and architectural services 
Written statement for Notice of Review to 
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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1 Introduction 
Planning application 23/01163/PPP, submitted on 15 June 2023 by Beaton & McMurchy
Architects on behalf of Derek MacLean, sought planning permission in principle for the
formation of a house plot within the grounds of his existing house: Kellan, Glenmore Road,
Oban.   
The application was refused under delegated powers on 16 February 2024 for the following
reason: 
1.The proposed development conflicts with NPF4 Policy 13, and Policies LDP 11, SG LDP TRAN 4
and SG LDP TRAN 5 of the adopted ‘Argyll and Bute Local Plan’ 2015 and Policies 37 and 41 of
emerging proposed ‘Local Development Plan 2’ as the proposed development would result in the
intensification in vehicular use of a sub-standard public approach road with no delineation between
pedestrian or vehicular use. 
The proposed development of the site by the erection of a dwellinghouse constitutes a material
intensification of the use of an existing and constrained public approach road. The proposed
development is therefore considered to have a significant adverse impact upon highway safety. No
appropriate commensurate or offsite highway improvements have been identified sufficient to set
aside these safety concerns. The proposal is considered to be contrary to the NPF4 Policy 13(g) as
underpinned by LDP Policies LDP 11, SG LDP TRAN 4(1), SG LDP TRAN 5, and Policy 36 and
Policy 41 of pLDP2. 
Within the delegated report of handling, planning officers confirm: 
“It is therefore considered that the site 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. The detailed siting, design and finishes
of the proposed dwellinghouse could be secured by way of suitably worded condition(s)
being imposed on the grant of permission.” 
The proposal is confirmed as appropriate in all planning respects, other than a Roads
Authority concern over the constrained public road network that serves this area of Oban. 
This Notice of Review therefore focusses on the single issue of concern as reflected in the
reason for refusal. 
Mr MacLean submits this Notice of Review for the reasons set out in below and respectfully
invites the Local Review Body to visit the site in person and to grant planning permission in
principle. 
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2 Discussion 
As confirmed in the planning report of handling, the application is considered acceptable
in all terms other than access.   
The essential questions on which the planning decision rests are: 
1) Whether deficiencies in the public road network should - or are sufficient to - justify
refusal of an otherwise acceptable proposal?
2) If the addition of one house would generate a road safety concern, whether any
mitigation measures exist that could enable the house to be supported? 
The Roads Engineer considers that there would be a material intensification of use of an
existing sub-standard public road network and has accordingly objected to the
application.  Planning officers indicate in the report of handling that significant time was
invested in trying to find a solution, because the site is considered suitable in all other
respects, but ultimately their decision was to agree with the Roads Authority.   
Two individual objections were submitted by members of the public, but neither of these
raise concerns over road safety matters.  All third-party points of concern were considered
and addressed in the planning officer’s report of handling. 
The public road network in question comprises Glenmore Road passing up the south-
eastern side of Pulpit Hill linking to Crannag a’ Mhinister which passes up the north-western
side.  The roads form part of the long established public road network, serving houses in the
area outlined purple in the image below as well as the public viewpoint at Pulpit Hill. 
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3 Planning policy 
Shortly after the delegated decision was issued, the 2015 local development plan and
associated supplementary guidance were replaced by Argyll and Bute Local
Development Plan 2 (LDP2) - adopted on 28 February 2024.  This appeal statement focusses
on current planning policies as set out in National Planning Framework 4 (NPF4) and Local
Development Plan 2 (LDP2). 
The reason for refusal indicates that the project was deemed to conflict with NPF4 Policy
13(g), and Local Development Plan 2 Policies 36, 37 and 41, whereas the lack of definition
between pedestrian and vehicular space within the public road network meant that the
development would have a “significant adverse impact upon highway safety”. 
NPF4 (2023) Policy 13 – Sustainable Transport – lists its policy intent as: 
“To encourage, promote and facilitate developments that prioritise walking, wheeling,
cycling and public transport for everyday travel and reduce the need to travel
unsustainably.”
Oban is a highly walkable town, well served with onward transport connections by bus,
train, ferry, car and planes.  Almost any site close to Oban town centre can fit the
objectives of NPF4 to eradicate the need for unsustainable travel.  This specific site lies just
650m away from the main transport hub, where the bus station, railway station, taxi ranks
and ferry terminal are located, and enjoys a near direct route via existing roads and
footpaths.  It is within walking distance of shops, post offices, schools, restaurants, police
station and multiple business/employment centres. 
Policy 13, para (g) states: 
“Development proposals that have the potential to affect the operation and safety of the
Strategic Transport Network will be fully assessed to determine their impact. Where it has
been demonstrated that existing infrastructure does not have the capacity to accommodate
a development without adverse impacts on safety or unacceptable impacts on operational
performance, the cost of the mitigation measures required to ensure the continued safe and
effective operation of the network should be met by the developer.” 
The policy advises that where there are adverse impacts on safety or unacceptable
impacts on operational performance, then mitigation measures would be required, and
the developer should pay for these.  The approach here is clearly to enable development,
such that adverse safety impacts might be mitigated, and developments can proceed. 
The starting point for this is however whether a proposal generates any adverse impacts on
safety – which is explored further below. 
Given that the project overwhelmingly complies with the wider objectives of NPF4,
including the intentions of Policy 13, it would seem appropriate to seek to contextualise the
development such that its safety impacts might be fairly considered, and thereafter to find
a solution if any adverse safety impacts are identified. 
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Turning to policies within the Argyll and Bute Local Development Plan 2 (2024): 
This proposal is for a single house, in an area that is surrounded by single houses, and it
would have direct access onto the public road network.  The standard of access at this site
would be superior to many existing accesses given the gentler gradient and good visibility
in both directions that exist at this straight section of Glenmore Road.   
We do not consider there to be any conflict with LDP2 Policy 36. 
Although also advocating commensurate improvements where deficiencies exist, Policy 37
relates explicitly to existing private accesses and existing private roads.  This application
proposes direct access onto the public road network with no existing private access or
existing private road element whatsoever.   
The reason for refusal makes explicit reference to deficiencies in the public road network. 
Policy 37 is not relevant to the application.  It cannot legitimately be cited as part of the
reason for refusal. 
Policy 41 is the most relevant LDP2 policy of the three that have been listed. 
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The Roads Authority hold the view that the public road approach is substandard.  They
further advise having a serious concern for road safety, and the Planning Service has
confirmed in the reason for refusal that: 
“The proposed development of the site by the erection of a dwellinghouse constitutes a
material intensification of the use of an existing and constrained public approach road. The
proposed development is therefore considered to have a significant adverse impact upon
highway safety. No appropriate commensurate or offsite highway improvements have been
identified sufficient to set aside these safety concerns.” 
It is accepted that the road network serving Pulpit Hill does not meet current standards for
new public roads, in terms of its varying width and due to the lack of footpath provision
across most of its length.  However, it is not accepted that adding a single house in the
context of this site would generate a significant adverse impact on highway safety, and we
also consider that commensurate improvements are possible which have not been
explored.  These matters are discussed in greater detail below. 
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4 Road safety 
The existing public roads serving Pulpit Hill pass up and around from both sides of the hill. 
The two roads share similarities due to the topography and their age relative to the growth
of Oban.  Neither Glenmore Road nor Crannag a’ Mhinister would meet current standards
for a new public road.   
Concerns over road safety at Pulpit Hill motivated the Roads Authority to consider the
feasibility of introducing a one-way system in 2012.  That option was ruled out, but shortly
afterwards the Roads Authority began to resist additional developments that would be
served by Glenmore Road and Crannag a’ Mhinister, other than pre-existing houses or any
live planning permissions that existed at that point in time. 
The existing context is an important factor for consideration in this case because it is
alleged that the development of a single house would represent a material intensification
of use of the existing sub-standard public road network, and that in turn has been deemed
to trigger a serious concern for highway safety on the part of the Roads Authority backed
up by the Planning Service. 
Taken in combination, the two public roads serve the area outlined purple on the image on
page 3 of this report (above).  The number of properties which are already served is: 
Pulpit Drive   51 units
Pulpit Road   28 units
Pulpit Rock   35 units
Grianach Gardens  9 units
Villa Road   10 units
Crannag a’ Mhinister 52 units
Glenmore Road  44 units 
Total    229 units 
Glenmore Road and Crannag a’ Mhinister both serve the Pulpit Hill public viewpoint, listed
as one of the top ten things to do in Oban by Visit Scotland, TripAdvisor and Love Oban.  If
just a small percentage of visitors to Oban each year take in the view from Pulpit Hill, this
adds to baseline traffic levels.  In addition, there are multiple delivery vehicles, bin lorries,
postal service, and emergency vehicles accessing the existing public road network in this
area. 
Surplus number of live planning permissions for houses as of 2012, was 6.  One of these has
been relocated to another site and constructed in the interim, with a continuing capacity
for another 5 houses remaining uncontested by the Roads Authority. 
Like much of Oban, the roads around the site have no separately defined footpath, so
pedestrians and vehicles use the road as a shared surface.  Varying road widths provide an
additional challenge to road users, leading to reduced speeds.  The public road network
serving Pulpit Hill, whilst undoubtedly different from the standards and geometry that a new
public road would have to achieve, does already serve many properties and forms a bus
route for selected busses.  The whole area is within a 20mph residential zone. 
In contrast with other similar streets in Oban, such as Croft Road and Rockfield Road, there
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is no habit of on street parking on either Crannag a’ Mhinister or Glenmore Road, making
them safer and easier to access than other comparable streets within the main town. 
Adding a single house to the residential units already served by Glenmore Road and
Crannag a’ Mhinister equates to just a 0.44% increase on existing vehicular activity. 
Factoring in visitors to the viewpoint and other users of the public road network reduces the
percentage further. 
We do not understand how such a small degree of change can be classified as a material
intensification of use of the existing public road network, or one that generates a
‘significant adverse impact on highway safety’. 
We do of course accept that the public road network has some deficiencies, and that
there are many ways in which the two roads serving this part of Oban fall short of the
standards that would be required of new public roads now.  However, there does not
appear to be any direct correlation between these deficiencies and day-to-day road
safety.  Police records and crash map services, verify that no vehicle/vehicle collisions nor
any vehicle/pedestrian accidents have been recorded on Glenmore Road.  The public
road network can undoubtedly create inconvenience to road users on occasion, but it
does not appear to be dangerous.  Drivers and pedestrians alike alter their behaviour to
suit the road conditions, and in this case, the nature of the public road network acts a
natural traffic calming measure.   
The worst section of Glenmore Road is the set of S-bends between 100m and 200m north-
east (downhill) from the appeal site, shown purple on the image below.  At this location
there are established footpaths (shown blue) which provide safe routes between Glenmore
Road and Oban town centre – where a network of dedicated footpaths does exist. 
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By the time road users pass above the S-bends, heading south-west, the road straightens
out and widens.  It is this straighter and wider section of Glenmore Road where the new
house would take access – immediately alongside Kellan (the donor house). 
In the absence of any recorded accidents, and whereas the additional traffic created is so
small relative to existing vehicular activity on the public road network, it is difficult to
understand how the project would represent a significant intensification or generate a
serious adverse impact on road safety.  Indeed, during a previous application for a house
at this site in 2008, there was no objection from the Roads Authority.   
Further, there have been several residential annexes and holiday units approved at
locations around Pulpit Hill in recent years, including two new holiday lets within the former
public toilets at the viewpoint and annexes/holiday spaces provided in addition to existing
houses, such that they each generate a degree of additional traffic.  These decisions were
not opposed by the Roads Authority or Planning Authority.  Individually, holiday pods will
not generate the same amount of traffic that a house can, but cumulative approvals
certainly could.  There is an inconsistency between holiday units and annexes receiving
support from Planning and Roads, who consider the sub-standard public road network
acceptable to serve those developments, and yet for this single house proposal to attract
such strong opposition. 
Furthermore, spare capacity to serve at least another 5 houses was deemed to exist in the
Roads Authority’s calculations since 2012, as they allowed for the live planning permission
for a 5-house development alongside Tigh na Creag (Pulpit Rock).  That permission has
been repeatedly renewed in the intervening years, most recently in March 2022 under
planning permission reference 21/02509/PP.  All these renewals were decisions which went
unopposed by the Roads Authority.   
The planning officer’s report on Mr MacLean’s house (Section F) states that commensurate
road improvements were secured as part of the 5-house permission at Tigh na Creag and
that a lawful commencement of development had occurred.  The development at Tigh na
Creag has been the subject of renewal applications in 2012, 2015, 2018 and 2021.  No
lawful commencement occurred before the most recent renewal, or the permission would
have remained live and there would have been no need to seek a the renewal.  There is
no evident sign of progress with the development on the ground since it was first granted in
2007.  Planning application file 21/02509/PP does show that shallow strips of topsoil were
excavated in spring 2023 and planning officers have expressed a view that these works
comprise the start of development at Tigh na Creag.  However, the terms of planning
condition 2 on permission 21/02509/PP obliges the developer to construct the site access in
accordance with standard detail drawing SD 08/004A before any other development
commences, so the excavation of foundation trenches could not lawfully be undertaken
without breaching planning condition 2.  To our knowledge there has been no work on the
site access.  In addition, the locations where shallow topsoil stripping has occurred do not
align to any of the approved building positions, so they are not ‘comprised in the
development’ and do not represent the commencement of any approved foundation
trenches.  Accordingly, it is a matter of planning law that a lawful commencement on
permission 21/02509/PP has not yet occurred - nor can it occur unless and until the site
access is constructed in accordance with condition 2. 
The extent of public road improvements that were secured in conjunction with planning
permission 21/02509/PP also merits consideration, as the degree of proportionality that was
applied to that 5-house development should be compared to the proposals for Mr
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MacLean’s single house.  Appendices 7&8 contain the approved details of planning
permission 21/02509/PP.  Appendix 9 identifies the extent of road improvements that were
required in that case.  These involve the widening of the junction with Pulpit Rock by 1m for
a length of 11m back from its junction with Crannag a’ Mhinister and the addition of
300mm width to an existing 1.2m wide footpath along the site boundary.  No improvements
are proposed or required to Crannag a’ Mhinister or Glenmore Road, or any other location
beyond the ownership of the applicant in that case.  Adopting an approach that secures
a proportionate degree of improvements on land within the applicants control is exactly
the type of approach that is advocated under NPF4 Policy 13 and LDP2 Policy 41 as
detailed in section 3 (above). 
In a situation where each planning application (including renewals) is to be assessed on its
individual merits, taking full regard of current circumstances, policy and relevant material
considerations, it seems unjust for Planning Authority decisions to support one developer’s
aspirations to construct five houses and simultaneously decline other’s efforts to provide a
house on their land.  The outcome is to effectively land bank spare capacity in the road
network for just one developer, and if that development does not advance, that in turn
stifles the ability of others to realise their own ambitions. 
If an additional five houses can be repeatedly supported by the Roads Authority and the
Planning Authority at one site which is served by the public road loop of Glenmore Road
and Crannag a’ Mhinister, then there is capacity for an additional five houses to be served
at least.  Whether that development comes forward as a five-house development in one
location, or a series of single house applications by other developers within the vicinity,
should make no difference to road safety concerns in these circumstances.  The two roads
serving Pulpit Hill are so similar as to carry the same Roads concerns/restrictions – neither
road is substantially better or worse than the other.  Both have steep gradients, narrow
sections and bends with poor visibility, and yet, it remains possible for commensurate
improvements to be made that will benefit road safety for all road users as were secured in
the conditions attached to planning permission 21/02509/PP for a five-house development.   
The single house proposed in the grounds of Kellan and subject of this appeal would only
generate 20% of the traffic that has repeatedly been approved for the Tigh na Creag site,
and it would accordingly only use up one fifth of the minimum recognised capacity in the
public road network. 
Approving planning application 23/01163/PPP, for a single additional house in the grounds
of Kellan, would not generate any significant adverse impact on road safety.  Any impacts
that adding a single house might create could readily be addressed by commensurate
improvements on land within the applicant’s control. 
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5 Potential mitigation measures 
Although we do not agree that there is any significant or adverse impact on road safety
generated by this single house proposal, we have nonetheless considered what potential
commensurate improvements might be possible, or desirable, in conjunction with the
development proceeding. 
Arguably, the Roads Authority should themselves be tasked with undertaking improvements
to the public road, including by accessing private land under the powers of the Roads
(Scotland) Act, if the conditions of the public road network are deemed unsafe to serve
the existing 229 houses, but that is not understood to be the situation here.   
Introducing a maximum of 0.44% increase in vehicular activity above current traffic levels,
on a public road with no recorded accidents, highlights the care which would be needed
to ensure that any public road improvements remained proportionate to the scale of
change that would be generated.  It would for example be unreasonable to expect a
single house development to be responsible for wide reaching public road upgrades
where the roads already serve 229 houses plus a public viewpoint.   
For comparison, the five-house development at Tigh na Creag approved under
21/02509/PP required only small improvements to the junction with Pulpit Rock (widening by
1m for a length of 11m) and adding 300mm width to an adjacent footpath which in turn
terminated at the junction with Crannag a’ Mhinister.  The required improvements were all
held to land within the applicant’s control, which ensured delivery of the required works. 
Turning to the land at Kellan, the appellant has a relatively long and straight road frontage,
measuring around 55m, which gives scope for improvements to be made, were the Local
Review Body to consider such improvements to be necessary.  For example, the road
outside Kellan measures 4.8m wide at present, so there is scope for all development within
the site to be held back by 0.7m from the road edge so that a future widening of the road
to the normal standard width of 5.5m would not be precluded.  Allowing for a future
improvement of this nature would provide a benefit for all road users, whilst remaining
proportionate to the very small increase in traffic that would be generated beyond
baseline levels at Glenmore Road. 
Allowing a proportionate and commensurate improvement to the public road network, in
conjunction with enabling a single house to be added, if that house is otherwise deemed
to be served by an inadequate approach road, would render the decision consistent with
NPF4 and LDP2 policy and with the precedent decision at Tigh na Creag in 2022
(permission reference 21/02509/PP). 
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6 Summary 
Mr MacLean wishes to provide a single new house within the garden ground of his existing
home, on Glenmore Road in Oban.  The proposal has been confirmed as acceptable in all
respects by planning officers, except for concerns over the existing public road network
serving the site.  Those concerns are reflected in the single reason for refusal detailed
above. 
In terms of planning policy, providing an additional house within a main settlement must be
one of the most sustainable models for development, where full use can be made of
existing transport connections and other public services and infrastructure.  Oban is a very
walkable town in a Scottish context, and it is the main population centre in Lorn.  Planning
policy supports sustainable development and the project should only be refused if there is
a clear and insurmountable obstacle to the development advancing. 
In the context of a local authority whose main objective is to reverse population decline,
where a Housing Emergency has been identified since June 2023 (https://www.argyll-
bute.gov.uk/housing/housing-emergency), and in a town where housing demand far
outstrips supply, there are compelling reasons to support the provision of additional house
plots within easy access of Oban town centre. 
The delegated decision to refuse overstates the level of change that would be associated
with this single house development on one of the last remaining gap sites around Pulpit Hill,
asserting that it would create a serious road safety impact or concern.  Such a view ignores
the fact that the road network, despite its deficiencies, already serves 229 houses plus a
public viewpoint, and provides a bus route - without any recorded accidents.  We agree
that, and understand the ways in which, the public roads serving Pulpit Hill fall short of the
standards which would be applied were they to be advanced as new public roads, but
they are not new public roads.  They are characterful and twisting historic roads, typical of
those found in large sections of Oban.  Drivers are familiar with sharing the road surface
with pedestrian in many of the roads across Oban, and the nature of the roads themselves
provides natural traffic calming. 
Our case can be summarised as follows: 
1) Adding one house to a road loop that currently serves 229 houses would only create
an insignificant increase in vehicular movements.
2) Spare capacity exists in the public road network for at least another 5 houses, as
evidenced by multiple approvals granted by the Planning and Roads Authority.  
3) This house could be provided without any notable impact on existing road safety
standards or traffic levels.
4) The Roads Authority did not object to this site being developed when it was
previously proposed in 2008.  Their opposition to the plot now appears to originate
from an ad hoc position adopted in 2012 rather than by a scientific assessment of
road safety standards on Glenmore Road and Crannag a’ Mhinister, where no
accidents are recorded.
5) If a serious or adverse impact is expected, the policy approach advocated in both
NPF4 and LDP2 is to identify commensurate road improvements that will allow the
project to continue.  
6) If such improvements are required, there is scope to retain land along the site
frontage free of development such that future road widening could occur, which
would be to the benefit of all road users.
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In policy terms, the proposal represents a small-scale development on an appropriate site,
in accordance with relevant national and local policy. 
Giving regard to the context within which the site would be located, and the level of traffic
that already uses the public roads in question without accident, should make it a relatively
straightforward matter to allow the provision of one extra house.  At a time when the
council is desperate to bolster local housing provision, reverse population decline, and
support sustainable development in general, the consolidation of the main towns is one of
the best ways in which to work towards meeting these objectives.   
There is clearly more in favour of this development than there is against it. 
The Local Review Body is asked to support this Notice of Review and enable a small positive
contribution towards residential accommodation to be provided in a way that accords
with local and national planning policy and raises no unacceptable impacts.  We assert
that the project can be supported without any need to improve the road network, but if
commensurate improvements are deemed to be necessary by the Local Review Body, we
ask that the applicant’s 55m road frontage be looked at as this could provide a
deliverable and proportionate option in those circumstances. 
.
Stephen Fair MRTPI MURP
fair planning & design 
23 April 2024 
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List of appendices 
1) Application form 
2) Roads Authority consultation response 
3) Report of Handling 
4) Decision Notice 
5) Refused application plans 
6) Current site photographs 
7) Approved location plan for 21/02509/PP (five houses) 
8) Approved site plan for 21/02509/PP (five houses) 
9) Approved road improvements plan for 21/02509/PP (five houses) 
10) Decision notice for 21/02509/PP (five houses) 
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Argyll and Bute Council
Development & Economic Growth   
Planning Application Report and Report of Handling as required by Schedule 2 of the
Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013 relative to applications for Planning Permission or Planning
Permission in Principle 
Reference No: 23/01163/PPP
Planning Hierarchy: Local
Applicant: Mr Derek MacLean
Proposal: Site for the erection of dwellinghouse
Site Address:  Kellan, Glenmore Road, Oban, Argyll      
DECISION ROUTE 
Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 
☐Committee - Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission
 Site for the erection of a dwellinghouse
 Formation of vehicular access 
(ii) Other specified operations
 Connection to public water main 
 Connection to public drainage system 
(B) RECOMMENDATION: 
Having due regard to the Development Plan and all other material considerations, it
is recommended that planning permission in principle be refused subject to the
reasons appended to this report. 
(C) CONSULTATIONS:   
Roads Authority 
Report dated 06.07.2023 recommending Refusal.  Area Roads advise that the
proposal is situated off the UC53 Glenmore Road within an urban 20mph speed
restriction and Roads will not support any further new development to be served
by this road due to the unsuitability of the restricted road to take additional traffic. 
The Roads Authority have further advised as follows: ‘In 2012 the Council Roads
Department carried out studies and inspections on traffic issues on Glenmore
Road and Crannag a Mhinisteir at the behest of the Oban Lorn and The Isles Area
Committee due to complaint and concerns that local elected members had
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received from the community in respect of road safety. The study looked at various
issues but predominantly centred around turning Glenmore Road and Crannag a
Mhinisteir into a one way system and providing a footway for pedestrian safety. 
It is generally acknowledged that the road serving the Pulpit Hill area have steep
gradients and are barely wide enough in places for two way traffic. In places this
is exacerbated by walls and hedges close to the road edge. 
The one way system option was dismissed on various grounds so the decision
was taken at that point by the Roads department to try to control the increase in
numbers of vehicle movements over these roads by refusing to support any further
new development proposals that would increase traffic on the roads’.   
Scottish Water 
Letter dated 22.06.2023 advising no objection to the proposed development which
will be serviced from the Tullich Water Treatment Works and the Oban Waste
Water Treatment Works. Scottish Water do however advise that further
investigations may be required once formal applications for connection to their
infrastructure has been submitted for consideration. 
Health & Safety Executive (HSE)
Report dated 20.06.2023 advising that the proposed development site which you
have identified does not currently lie within the consultation distance of a major
hazard site or major accident hazard pipeline; therefore at present HSE does not
need to be consulted on any developments on this site. 
Oban Airport 
No response at time of report being written and no request for an extension to
time. 
The above represents a summary of the issues raised.  Full details of the
consultation responses are available to view via the Public Access section of the
Council’s website. 
(D) HISTORY:   
18/02010/PPP
Site for the erection of dwellinghouse
Planning application returned 
08/01030/OUT
Site for erection of a dwellinghouse.
Refused: 01.08.2008 
93/01135/OUT001
SITE FOR THE ERECTION OF A DWELLINGHOUSE  
23.02.1994 
(Delegated report for 08/01030/OUT referring to 93/01135/OUT001: The reasons
for refusal were overdevelopment of a small narrow plot contrary to local plan policy
HO 21 and fragmentation of open space which contributes to the townscape setting
contrary to local plan policy BE 9A. 
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The applicant subsequently appealed the decision but it was dismissed by the
reporter.)   
(E) PUBLICITY:   
The proposal has been advertised in terms of Regulation 20 and Neighbour
Notification procedures, overall closing date 20.07.2023 
(F) REPRESENTATIONS:   
(i) Representations received from: 
Objections: 
David Maers, Rockcliff, 4 Glenmore Road, Pulpit Hill, Oban, received 06.07.2023
Kenneth MacPherson, Kilphedar, Glenmore Road, Pulpit Hill, Oban, dated
07.07.2023. 
Representation from the applicant:
Emails dated 12.10.2023, 12.10.2023, 23.10.2023, 11.11.2023, 16.01.2024,
19.01.2024, 02.02.2024 and 06.02.2024. 
Representations are published in full on the planning application file and are
available to view via the Public Access section of the Council’s website. 
(ii) Summary of issues raised: 
 Concerns that the applicant has undertaken major excavations of the site which was
once a lovely green area and is now a rock face. 
Planning Authority Comment: The retrospective nature of this part of the
development is noted. 
 Concerns with the impact of privacy, overlooking / looking down into the proposed
dwellinghouse. 
Planning Authority Comment: As the proposal is for planning permission in principle
no details of the proposed dwellinghouse are required to be submitted at this stage. 
However, it is considered that a dwellinghouse to this site will not impact on the
privacy of surrounding dwellinghouses subject to a suitably sited and designed
dwellinghouse which will relate to the existing development within this area.   
 Concerns with the proposal will partially block the view from a neighbouring property
known as 4 Glenmore Road. 
Planning Authority Comment: The proposal is for planning permission in principle
where no details of the proposed dwellinghouse are required to be submitted at this
stage. Further the site is set down in a lower location and the loss of a private view
is not a material planning consideration. 
 Concerns that the proposed access will be directly opposite 4 Glenmore Road.
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Planning Authority Comment: The submitted site plan, drawing number 2216 01,
identifies the proposed access as being opposite the access to 3 Glenmore Road
and not 4 Glenmore Road. 
 Concerns that the proposal will create a lot of noise and a mess on the public road. 
Planning Authority Comment: Any concerns with potential future noise would be a
matter for Environmental Health and any potential mess on the public road would
be a matter for the Area Roads Authority. 
 Concerns that planning permission has been refused before. 
Planning Authority Comment: Planning Permissions 08/01030/OUT and
93/01135/OUT001 were refused on the same site.  Reasons for refusal are set out
above in Section (D). It is noted that these historic refusals were assessed and
determined under a different set of both local and national planning policies.  
 Concerns that the proposal will have insufficient garden ground. 
Planning Authority Comment: The submitted site plan, drawing number 2216 01,
annotates an indicative house footprint; leaving approximately 429 square metres
of garden ground which is acceptable. 
 Concerns from the applicant: 
 The planning application had exceeded the determination date of 18th August 2023
and the agreed extension. 
 Advising that the council are now in severe violation of Scottish planning laws. The
first violation was not meeting the response time determined by the Scottish
government. The second was not asking the applicant for an extension on the
determination date. Finally the 3rd violation has occurred in the fact that Argyll and
Bute council have not met the extension deadline that was reluctantly agreed by
myself and the council. 
Planning Authority Comment: The applicant was advised that the Council is not in
any violation of planning law although it is confirmed that failure to determine the
application within the agreed extension period does now mean that the time period
within which a right to seek Local Review of the application due to a failure of the
Council to provide a timely decision commenced on 10th November 2023 and will
expire on 10th February 2024. It was advised that once a request for a local review
has been initiated that process would preclude officers from reaching a formal
determination of the application. 
 The applicant enquired if the Area Team Leader would go against the
recommendations from the roads authority. 
 Advising that a FOI had been received from Argyll & Bute Council which requested
information on the road safety survey carried out in 2012. 
 The roads department are not consistent with reports that have been carried out for
previous applications i.e. granny annexes, garage conversions etc. 
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Planning Authority Comment: The applicant was advised that Area Roads are a
consultee in the planning process and that the points made are noted. 
 Mr J. Mclachlan's plots that have been granted for 5 homes which has been ongoing
since 2008 with no built development being undertaken. 
Planning Authority Comment: This is not a material consideration in the
determination of this planning application.  However, planning permission
21/02509/PP was granted for the erection of 5 dwellinghouses and the formation of
a vehicular access; commensurate improvements were sought and agreed with the
Area Roads.  That particular site benefited from planning approvals going back to
2007 and also benefits from a meaningful start. 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report: ☐Yes ￿￿No 
(ii) An Appropriate Assessment under the
Conservation (Natural Habitats) Regulations
1994:   
☐Yes No 
(iii) A Design or Design/Access statement:    ☐Yes No 
(iv) A report on the impact of the proposed
development eg. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:  
☐Yes No 
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   ☐Yes No 
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32: ☐Yes No    
(J) Section 25 of the Act; Development Plan and any other material considerations
over and above those listed above which have been taken into account in the
assessment of the application 
(i)  List of all Development Plan Policy considerations taken into account
in assessment of the application. 
National Planning Framework 4 (Adopted 13th February 2023) 
Part 2 – National Planning Policy 
Sustainable Places
NPF4 Policy 1 – Tackling the Climate and Nature Crises
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NPF4 Policy 2 – Climate Mitigation and Adaption
NPF4 Policy 3 – Biodiversity
NPF4 Policy 4 – Natural Places
NPF4 Policy 7 – Historic Assets and Places 
NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes
provisions relevant to Greenfield Sites)
NPF4 Policy 12 – Zero Waste
NPF4 Policy 13 – Sustainable Transport 
Liveable Places
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods
NPF4 Policy 16 – Quality Homes
NPF4 Policy 17 – Rural Homes
NPF4 Policy 18 – Infrastructure First 
‘Argyll and Bute Local Development Plan’ Adopted March 2015 
LDP STRAT 1 – Sustainable Development 
LDP DM 1 – Development within the Development Management Zones 
LDP 3 – Supporting the Protection Conservation and Enhancement of our
Environment 
LDP 8 – Supporting the Strength of our Communities 
LDP 9 – Development Setting, Layout and Design 
LDP 10 – Maximising our Resources and Reducing our Consumption 
LDP 11 – Improving our Connectivity and Infrastructure 
Local Development Plan Schedules 
‘Supplementary Guidance to the Argyll and Bute Local Plan 2015’ (Adopted
March 2016 & December 2016) 
Natural Environment 
SG LDP ENV 1 – Impact on Habitats, Species and our Biodiversity 
Landscape and Design 
SG LDP ENV 14 – Landscape 
General Housing Development 
SG LDP HOU 1 – General Housing Development Including Affordable Housing
Provision 
Sustainable Siting and Design 
SG LDP Sustainable – Sustainable Siting and Design Principles 
Resources and Consumption 
SG LDP SERV 1 – Private Sewage Treatment Plants & Wastewater Systems
SG LDP SERV 2 – Incorporation of Natural Features / SuDS
SG LDP SERV 5(b) – Provision of Waste Storage & Collection Facilities within New
Development
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Addressing Climate Change 
SG LDP Sust Check – Sustainability Checklist 
Transport (Including Core Paths) 
SG LDP TRAN 2 – Development and Public Transport Accessibility
SG LDP TRAN 4 – New & Existing, Public Roads & Private Access Regimes
SG LDP TRAN 5 – Off-site Highway Improvements
SG LDP TRAN 6 – Vehicle Parking Provision 
(ii)  List of all other material planning considerations taken into account in
the assessment of the application, having due regard to Annex A of
Circular 3/2013. 
  Third Party Representations
  Consultation Reponses
 Planning History 
 ABC Technical Note – Biodiversity (Feb 2017) 
Argyll and Bute proposed Local Development Plan 2 (November 2019) – The
Examination by Scottish Government Reporters to the Argyll and Bute Local
Development Plan 2 has now concluded and the Examination Report has been
published (13th June 2023). The Examination Report is a material consideration of
significant weight and may be used as such until the conclusion of the LDP2
Adoption Process. Consequently, the Proposed Local Development Plan 2 as
recommended to be modified by the Examination Report and the published Non
Notifiable Modifications is a material consideration in the determination of all
planning and related applications. 
Spatial and Settlement Strategy 
Policy 01 – Settlement Areas
Policy 04 – Sustainable Development 
High Quality Places 
Policy 05 – Design and Placemaking
Policy 08 – Sustainable Siting
Policy 09 – Sustainable Design
Policy 10 – Design – All Development 
Connected Places 
Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes
Policy 36 – New Private Accesses
Policy 37 – Development Utilising an Existing Private Access or Existing Private
Road
Policy 40 – Vehicle Parking Provision
Policy 41 – Off Site Highway Improvements 
Sustainable Communities 
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Policy 61 – Sustainable Urban Drainage Systems (SUDS)
Policy 63 – Waste Related Development and Waste Management 
High Quality Environment 
Policy 71 – Development Impact on Local Landscape Areas (LLA’s)
Policy 73 – Development Impact on Habitats, Species and Biodiversity 
Local Development Plan 2 Schedules 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  ☐Yes No 
(L) Has the application been the subject of statutory pre-application consultation
(PAC):  ☐Yes No 
(M) Has a Sustainability Checklist been submitted:  ☐Yes No 
(N) Does the Council have an interest in the site:  ☐Yes No 
(O) Requirement for a pre-determination hearing: ☐Yes No 
(P)(i) Key Constraints/Designations Affected by the Development:
 N/A 
(P)(ii) Soils
Agricultural Land Classification:  Unclassified Land 
Peatland/Carbon Rich Soils Classification: ☐Class 1
☐Class 2
☐Class 3 
N/A
Peat Depth Classification: N/A  
Does the development relate to croft land? ☐Yes No
Would the development restrict access to croft
or better quality agricultural land?
☐Yes ☐No N/A
Would the development result in fragmentation
of croft / better quality agricultural land?
☐Yes ☐No N/A 
(P)(iii) Woodland  
Will the proposal result in loss of
trees/woodland?
(If yes, detail in summary assessment)
☐Yes
No 
Does the proposal include any replacement or
compensatory planting?
☐Yes
☐No details to be secured by condition
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N/A  
(P)(iv) Land Status / LDP Settlement Strategy
Status of Land within the Application  Brownfield
☐Brownfield Reclaimed
☐Greenfield 
ABC LDP 2015 Settlement Strategy 
LDP DM 1 
 Main Town Settlement Area
☐ Key Rural Settlement Area
☐ Village/Minor Settlement Area
☐ Rural Opportunity Area
☐ Countryside Zone
☐ Very Sensitive Countryside Zone
☐ Greenbelt
ABC pLDP2 Settlement Strategy 
Settlement Area
☐Countryside Zone
☐Remote Countryside Zone
☐Helensburgh & Lomond Greenbelt
ABC LDP 2015 Allocations/PDAs/AFAs 
etc: 
Special Built Environment Area (SBEA) – Pulpit
Hill 
ABC pLDP2 Allocations/PDAs/AFAs
etc: 
(P)(v) Summary assessment and summary of determining issues and material
considerations 
Planning permission in principle (PPP) is sought for the erection of a
dwellinghouse at Kellan, Glenmore Road, Oban in Argyll. 
The site lies immediately adjacent to the public road situated to the south of Kellan. 
The site which is within the extended curtilage of Kellan was previously open
garden ground which had been abandoned and incorporates recent unauthorised
excavation works to the rock cliff to the east of the site; this is evident from the
image captured on google street maps dated May 2022.  The site, although in an
elevated position on Pulpit Hill, is surrounded by residential development; of
various sizes and types of construction, some in a linear form and others
sporadically sited. 
The application shows the indicative footprint of the proposed dwellinghouse
situated off the UC53 Glenmore Road. 
Whilst the application is seeking to secure PPP for the site, with the detailed layout,
design and infrastructure details to be addressed by way of a future application(s)
for approval of matters specified in conditions, the site plan shows the indicative
position of a dwellinghouse within the site. 
The site is effectively the extended open ground of Kellan and a modest dwelling
appropriately sited and designed in terms of potential siting, plot size and
compliance with the existing settlement pattern would effectively terminate the
extent of built development at this location. It is therefore considered that the site
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. The detailed siting, design and finishes
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of the proposed dwellinghouse could be secured by way of suitably worded
condition(s) being imposed on the grant of permission.   
It is accepted that this opinion differs materially from the previous refusals on the
site but the current application must be considered on its merits and whilst the
planning history of the site remains a material planning consideration greater
weight must be given to the current and proposed Local Development Plan and to
National Planning Framework 4. 
Notwithstanding the above however, the Council as roads authority have serious
concerns regarding the suitability of the existing access and road network serving
Pulpit Hill. Roads have firmly stated that they are not prepared to allow any further
development of this type in Glenmore Road and that there is no scope for
commensurate road improvements sufficient to outweigh their road safety
concerns. 
Officers have spent considerable time trying to find a solution to this but, ultimately,
it is agreed that a highway safety issue does exist and therefore this planning
application is recommended for refusal on that sole basis. It is accepted that the
applicant takes a wholly different view. His opinions are both noted and respected. 
NPF4 Policy 1 seeks to prioritise the climate and nature crises in all decisions; it
requires to be applied together with other policies in NPF4. Guidance from the
Scottish Government advises that it is for the decision maker to determine whether
the significant weight to be applied tips the balance in favour for, or against a
proposal on the basis of its positive or negative contribution to climate and nature
crises. 
In this case, given the relatively small scale nature of the development proposed
and its alignment with all other relevant policies in NPF4 and those supporting
policies in the adopted ‘Argyll and Bute Local Development Plan 2015’ (LDP), it is
considered that the development proposed would, in the absence of the overriding
highway safety concerns, be in accordance with the broad aims of NPF4 Policy 1
as underpinned by LDP Policies STRAT 1, LDP DM 1 and the adopted
Sustainability Checklist and Policies 01 and 04 of pLDP2. 
NPF4 Policy 2 seeks to ensure that new development proposals will be sited to
minimise lifecycle greenhouse gas emissions as far as possible, and that
proposals will be sited and designed to adapt to current and future risks from
climate change. 
Guidance from the Scottish Government confirms that at present there is no single
accepted methodology for calculating and / or minimising emissions. The
emphasis is on minimising emissions as far as possible, rather than eliminating
emissions. It is noted that the provisions of the Settlement Strategy set out within
Policy LDP DM 1 of the LDP promotes sustainable levels of growth by steering
significant development to our Main Towns and Settlements, rural growth is
supported through identification of Key Rural Settlements and safeguards more
sensitive and vulnerable areas within its various countryside designations. 
It is considered that the proposed development would, in the absence of the
overriding highway safety concerns, be consistent with Policy 2 of NPF4 having
had due regard to the specifics of the development proposed and to the
overarching planning policy strategy outlined within the adopted LDP, notably
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policies STRAT 1, LDP DM 1, LDP DM 10 and the adopted Sustainability Checklist
and Policies 01 and 04 of pLDP2. 
NPF4 Policy 3 seeks to protect biodiversity, reverse biodiversity loss and deliver
positive effects from development and strengthen nature networks. 
In the case of the development proposed by this application, it is considered that
there are no issues of compliance with Policy 3. No material biodiversity impacts
have been identified in the assessment of this application by the Planning
Authority and whilst no specific proposals for biodiversity improvements have been
submitted it is considered that adequate and proportionate measures for
biodiversity enhancement and protection could be delivered by planning condition.
Such a condition will be attached to this permission. 
The proposed development is therefore considered to be in compliance with NPF4
Policy 3 as underpinned by Local Development Plan Policy LDP 3, SG LDP ENV
1 and Policy 73 of the pLDP2, in the absence of the overriding highway safety
concerns. 
NPF4 Policy 4 seeks to protect, restore and enhance natural assets making best
use of nature-based solutions. 
The development proposed by the current planning application is considered
appropriate in terms of its type, location and scale such that it will have no
unacceptable impact on the natural environment. The proposed development is
not within any designated European site of natural environment conservation or
protection, it is not located within a National Park, a National Scenic Area a SSSI
or RAMSAR site, or a National Nature Reserve.  Neither is it located within a site
designated as a local nature conservation site or landscape area or within an area
identified as wild land. 
The site is located within the Special Built Environment Area (SBEA) of Pulpit Hill
where SBEA’s do not have the presence, continuity or quality of ‘conservation
areas’ but exhibit special built and land form characteristics which should be
safeguarded and promoted when considering development potential and
proposals. 
However, in this instance, subject to a suitably sited and designed dwellinghouse,
details of which could be secured by condition, it is not considered that the
development of the site with a single dwellinghouse would, in the absence of the
overriding highway safety concerns,  have any significant adverse impact on the
land form characteristics and therefore accords with NPF4 Policy 4 as
underpinned by LDP Policies LDP 3, SG LDP ENV 1 and SG LDP ENV 13 and
Policy 71 of pLDP2. 
NPF4 Policy 9 seeks to encourage, promote and facilitate the reuse of brownfield,
vacant and derelict land and empty buildings, and to help reduce the need for
greenfield development. 
The development proposed by this planning application in on a brownfield site by
virtue of it being the extended open ground of Kellan.  The site is within the defined
Settlement wherein LDP Policies LDP STRAT 1 and LDP DM 1 give general
encouragement to development on appropriate sites, with these main policy
considerations underpinned by the SG contained within SG LDP HOU 1 and SG
LDP ENV 14 which offer further support to appropriate scales of residential
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development where such development would have no significant adverse impact
upon the character of the landscape and where there is no unacceptable
environmental, servicing or access impact.   
In terms of pLDP2, the site is identified as being within a ‘Settlement Area’ where
Policy 01 gives general support to development provided that it is compatible with
surrounding uses; provides appropriate infrastructure; is of an appropriate scale
and fit for the size of settlement in which it is proposed; and respects the character
and appearance of the surrounding townscape in terms of density, scale, massing,
design, external finishes and access arrangements. 
In this instance the proposal is seeking to secure permission for a single
dwellinghouse in an area of established residential development where it could fit
with the settlement pattern of the area and not give rise to any adverse impact on
the wider landscape setting.  Accordingly, in this instance, it is not considered that
the proposal conflicts with Policy 02 of pLDP2. 
Policy 9 of NPF4 aligns with the settlement strategy of the LDP and emerging
pLDP2 and the current development proposal raises no issue of conflict. 
NPF4 Policy 12 seeks to encourage, promote and facilitate development that is
consistent with the waste hierarchy as defined within the policy document. 
The development the subject of this planning application seeks to establish the
principle of a single dwellinghouse.  Whilst this is a development likely to generate
waste when operational, it would benefit from regular waste uplifts by the Council
and would be expected to comply with our adopted and enforced recycling and
reuse strategy. In this regard, in the absence of the overriding highway safety
concerns, the proposed development is considered to be in compliance with NPF4
Policy 12 as underpinned by LDP Policies LDP 10 and SG LDP SERV 5(b) and
Policy 63 of pLDP2. 
NPF4 Policy 13 seeks to encourage, promote and facilitate developments that
prioritise walking, wheeling, cycling and public transport for everyday travel and
reduce the need to travel unsustainably. 
The development the subject of this planning application seeks to establish the
principle of a single dwellinghouse.  The application proposes a new vehicular
access of the UC 53 Glenmore Road.   
Part (b) of Policy 13 sets out that development proposals will be supported where
it can be demonstrated that the transport requirements generated have been
considered in line with the sustainable travel and investment hierarchies and
where appropriate they: 
i. Provide direct, easy, segregated and safe links to local facilities via walking,
wheeling and cycling networks before occupation;
ii. Will be accessible by public transport, ideally supporting the use of existing
services;
iii. Integrate transport modes;
iv. Provide low or zero-emission vehicle and cycle charging points in safe and
convenient locations, in alignment with building standards;
v. Supply safe, secure and convenient cycle parking to meet the needs of
users and which is more conveniently located than car parking;
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023
vi. Are designed to incorporate safety measures including safe crossings for
walking and wheeling and reducing the number and speed of vehicles;
vii. Have taken into account, at the earliest stage of design, the transport needs
of diverse groups including users with protected characteristics to ensure
the safety, ease and needs of all users; and
viii. Adequately mitigate any impact on local public access routes. 
Part (g) of Policy 13 states that development proposals that have the potential to
affect the operation and safety of the Strategic Transport Network will be fully
assessed to determine their impact. Where it has been demonstrated that existing
infrastructure does not have the capacity to accommodate a development without
adverse impacts on safety or unacceptable impacts on operational performance,
the cost of the mitigation measures required to ensure the continued safe and
effective operation of the network should be met by the developer. New junctions
will only be considered if they are designed in accordance with relevant guidance
and where there will be no adverse impact on road safety or operational
performance. 
NPF4 Policy 13 is underpinned at local level by LDP Policy LDP 11 which sets out
a requirement that an appropriate standard of access is delivered to serve new
developments, including off-site highway improvements where appropriate.  This
requirement is specified in more detail within LDP Policy SG LDP TRAN 4 (1) and
Policy 36 of pLDP2 which sets out acceptance of development that proposes new
private access regimes which are subject to road safety and street design issues
being addressed which will only be accepted if: 
(i) The new private access forms an individual private driveway serving a
single user development, which does not, in the view of the planning
authority, generate unacceptable levels of pedestrian or vehicular
traffic in terms of the access regime provided; or 
(ii) The private access serves a housing development not exceeding 5
dwelling houses; or 
(iii) The private access serves no more than 20 units in a housing court
development. 
The Council’s Area Roads Authority was consulted on the proposal and a refusal
was recommended. The Roads Authority have advised that they will not support
any further new development to be served by the public road at this location due
to unsuitability of the restricted road to take additional traffic. 
The Roads Authority have further advised the in 2012 the Council Roads
Department carried out studies and inspections on traffic issues on Glenmore
Road and Crannag a Mhinisteir at the behest of the Oban Lorn and The Isles Area
Committee due to complaints and concerns that local elected members had
received from the community in respect of road safety.  The study looked at
various issues but predominantly centred around turning Glenmore Road and
Crannag a Mhinisteir into a one way system and providing a footway for pedestrian
safety. The Roads Authority have advised that the one way system option was
dismissed by Members on various grounds so the decision was taken at that point
by the Roads Authority to try to control the increase in numbers of vehicle
movements over these roads by refusing to support any further new development
proposals that would increase traffic on the roads. 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023
It is generally acknowledged that the public roads serving the Pulpit Hill area have
steep gradients and are barely wide enough in places for two way traffic. In places
this is exacerbated by walls and hedges close to the road edge. 
The provisions of LDP Policy SG LDP TRAN 5 and Policy 41 of pLDP2 set out that
where development will significantly increase vehicular or pedestrian traffic on
substandard public approach roads, then developments will be required to
contribute proportionately to improvements to the public road network. In this
instance the review undertaken by the Council’s Roads Service in 2012 has
already concluded that in the absence of a one way system being introduced, the
wider road network does not have capacity to accommodate additional vehicular
or pedestrian traffic generating uses and as such the applicant is not in a position
to address the fundamental shortcomings in the public approach road in a manner
that would be practical or proportionate to the development proposed. 
The proposed development of the site by the erection of a dwellinghouse
constitutes a material intensification of the use of an existing and constrained
access regime. The proposed development is therefore considered to have a
significant adverse impact upon highway safety. No appropriate commensurate or
offsite highway improvements have been identified sufficient to set aside these
safety concerns.  The proposal is considered to be contrary to the NPF4 Policy
13(g) as underpinned by LDP Policies LDP 11, SG LDP TRAN 4(1), SG LDP
TRAN 5 and Policies 36 and 41 of pLDP2. 
NPF4 Policy 14 seeks to encourage, promote and facilitate well designed
development that makes successful places by taking a design-led approach and
applying the ‘Place Principle’. 
The development the subject of this planning application seeks to establish the
principle of a single dwellinghouse and therefore, at this stage, no specific design
has been submitted for assessment by the Planning Authority.  If granted, the
necessary future application(s) for the approval of the details of the proposed
development would be expected to comply with the ‘place principle’ as set out in
NPF4 Policy 14 and planning conditions attached to any permission in principle
would ensure that the development is designed to an appropriate standard. 
In this regard, the development the subject of this planning application is, in the
absence of the overriding highway safety concerns, considered to be in
accordance with the broad aims of NPF4 Policy 14 as underpinned by LDP
Policies LDP 9 and SG LDP Sustainable Siting and Design Principles and Policies
08, 09 and 10 of pLDP2. 
NPF4 Policy 15 seeks to encourage, promote and facilitate the application of the
‘Place Principle’ and create connected and compact neighbourhoods where
people can meet the majority of their daily needs within a reasonable distance of
their home, preferably by walking, wheeling or cycling or using sustainable
transport options. 
In terms of our adopted settlement strategy, the site of the proposed development
is within the defined Main Town Key Settlement of Oban where LDP Policies LDP
STRAT 1 and LDP DM 1 give general encouragement to development on
appropriate sites.  These main policy considerations are underpinned by the SG
contained within SG LDP HOU 1 and SG LDP ENV 14 which offer further support
to appropriate scales of residential development where such development would
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023
have no significant adverse impact upon the character of the landscape and where
there is no unacceptable environmental, servicing or access impact.   
It is considered that the small scale of the proposed development and its location
would, in the absence of the overriding highway safety concerns, reasonably
comply with Policy 15 of NPF4 given the existing dispersed geographical scale of
the environment within which the development is to be located, and given its
compliance with the existing settlement pattern and the geographic relationship of
the proposed development with the surrounding area where people can
reasonably meet the majority of their daily needs within a reasonable distance of
their home. This is underpinned by the broad settlement strategy policy contained
within Policies LDP DM 1, LDP 8, LDP 10 and LDP 11 of the LDP and Policy 02
of pLDP2. 
NPF4 Policy 16 seeks to encourage, promote and facilitate the delivery of more
high quality, affordable and sustainable homes in the right locations and providing
choice of tenure to meet diverse housing needs. 
Policy 16 supports development proposals for new homes that improve choice,
including at Policy 16(c) ‘self-provided homes’. It is considered that this application
to establish the principle of a single self-build home would accord with the broad
policy aims of NPF4 Policy 16 and would be in a location underpinned by our
adopted settlement strategy policies. 
The development proposed by this planning application falls well below the
adopted threshold for a requirement to provide 25% affordability. 
The need in Policy 16(f) to ensure that development proposals for an agreed
timescale for build-out could be covered through the use of a planning condition. 
Whilst the development proposed by this planning application is on land not
actively allocated for housing in the LDP, it would wholly accord with the adopted
settlement strategy and would accord with the principles of ‘local living’ and ’20
minute neighbourhoods’.   The proposed development, in the absence of the
overriding highway safety concerns, is therefore deemed consistent with NPF4
Policy 16 as underpinned by LDP policies LDP DM 1, LDP 8 and SG LDP HOU 1
and Policy 05 and 67 of pLDP2. 
NPF4 Policy 18 seeks to encourage, promote and facilitate an infrastructure first
approach to land use planning etc. 
The development the subject of this planning application proposes connection to
the public water and drainage infrastructure to which Scottish Water raised no
objection advising that the development will be serviced from the Tullich Water
Treatment Works and the Oban Waste Water Treatment Works.  Scottish Water
do advise that they are unable to confirm capacity and advise the Applicant to
submit a Pre-Development Enquiry for consideration. The proposal is, in the
absence of the overriding highway safety concerns, considered consistent with the
broad aims of NPF4 Policy 18 as underpinned by LDP policy LDP DM 11 and
Policies 05 and 08 of pLDP2 which seek to ensure suitable infrastructure is
available to serve proposed developments. 
NPF4 Policy 22 seeks to strengthen resilience to flood risk and to ensure that
water resources are used efficiently and sustainably. 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023
As detailed at NPF4 Policy 18 above, the development the subject of this planning
application proposes connection to the public water main to which Scottish Water
raised no objection.  The proposal is, in the absence of the overriding highway
safety concerns, considered to be consistent with NPF4 Policy 22 as underpinned
by LDP Policies LDP 10 and SG LDP SERV 2 and Policy 61 of pLDP2. 
Accordingly, notwithstanding the above assessment that the proposed site for the
erection of a single dwellinghouse could be accommodated within the site without
any significant adverse visual impact on the site or the wider landscape within
which it is proposed, a suitable access regime, including improvement of
substandard public approach roads, to serve the proposed development cannot
be achieved.     
(Q) Is the proposal consistent with the Development Plan: ☐Yes No 
(R) Reasons why Planning Permission in Principle Should be Refused: 
See reasons for refusal below. 
(S) Reasoned justification for a departure to the provisions of the Development
Plan 
N/A 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
☐Yes No   
Author of Report: Judith Stephen Date: 14.02.2024 
Reviewing Officer: Peter Bain Date: 15.02.2024 
Fergus Murray
Head of Development & Economic Growth 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
REASONS FOR REFUSAL RELATIVE TO APPLICATION REF. NO. 23/01163/PP 
1. The proposed development conflicts with NPF4 Policy 13, and Policies LDP 11, SG
LDP TRAN 4 and SG LDP TRAN 5 of the adopted ‘Argyll and Bute Local Plan’ 2015
and Policies 37 and 41 of emerging proposed ‘Local Development Plan 2’ as the
proposed development would result in the intensification in vehicular use of a sub-
standard public approach road with no delineation between pedestrian or vehicular
use.   
The proposed development of the site by the erection of a dwellinghouse constitutes
a material intensification of the use of an existing and constrained public approach
road. The proposed development is therefore considered to have a significant adverse
impact upon highway safety. No appropriate commensurate or offsite highway
improvements have been identified sufficient to set aside these safety concerns.  The
proposal is considered to be contrary to the NPF4 Policy 13(g) as underpinned by LDP
Policies LDP 11, SG LDP TRAN 4(1), SG LDP TRAN 5, and Policy 36 and Policy 41
of pLDP2. 
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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
APPENDIX TO DECISION REFUSAL NOTICE 
Appendix relative to application 23/01163/PPP 
(A) Has the application been the subject of any “non-material”
amendment in terms of Section 32A of the Town and Country
Planning (Scotland) Act 1997 (as amended) to the initial
submitted plans during its processing.
☐Yes No 
(B) The reason why planning permission has been refused: 
See reasons for refusal set out above. 
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Municipal Buildings Albany Street Oban PA34 4AW 
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED) 
TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE)
(SCOTLAND) REGULATIONS 2013 
REFUSAL OF PLANNING PERMISSION IN PRINCIPLE 
REFERENCE NUMBER: 23/01163/PPP 
Mr Derek MacLean
Beaton + McMurchy Architects Ltd.
The Studio
Tigh Na Glaic
Taynuilt
UK
PA35 1JW 
I refer to your application dated 15th June 2023 for planning permission in principle under the
above mentioned Act and Regulations in respect of the following development: 
Site for the erection of dwellinghouse at Kellan Glenmore Road Oban Argyll And Bute PA34
4NB 
Argyll and Bute Council in exercise of their powers under the above mentioned Act and
Regulations hereby refuse planning permission in principle for the above development for the
reason(s) contained in the attached appendix. 
Dated: 16 February 2024
Fergus Murray
Head of Development and Economic Growth 
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REASONS FOR REFUSAL RELATIVE TO APPLICATION NUMBER: 23/01163/PPP 
1. The proposed development conflicts with NPF4 Policy 13, and Policies LDP 11, SG
LDP TRAN 4 and SG LDP TRAN 5 of the adopted ‘Argyll and Bute Local Plan’ 2015
and Policies 37 and 41 of emerging proposed ‘Local Development Plan 2’ as the
proposed development would result in the intensification in vehicular use of a sub-
standard public approach road with no delineation between pedestrian or vehicular
use.   
The proposed development of the site by the erection of a dwellinghouse constitutes
a material intensification of the use of an existing and constrained public approach
road. The proposed development is therefore considered to have a significant
adverse impact upon highway safety. No appropriate commensurate or offsite
highway improvements have been identified sufficient to set aside these safety
concerns.  The proposal is considered to be contrary to the NPF4 Policy 13(g) as
underpinned by LDP Policies LDP 11, SG LDP TRAN 4(1), SG LDP TRAN 5, and
Policy 36 and Policy 41 of pLDP2. 
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NOTES TO APPLICANT (1) RELATIVE TO APPLICATION NUMBER 23/01163/PPP 
1. If the applicant is aggrieved by the decision to refuse permission for or approval required by
a condition in respect of the proposed development, or to grant permission or approval
subject to conditions, the applicant may require the planning authority to review the case
under Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended)
within three months from the date of this notice. A Notice of Review request must be
submitted on an official form which can be obtained by contacting The Local Review Body,
Committee Services, Argyll and Bute Council, Kilmory, Lochgilphead, PA31 8RT or by
email to localreviewprocess@argyll-bute.gov.uk 
2. If permission to develop land is refused or granted subject to conditions and the owner of
the  land claims that the land has become incapable of reasonably beneficial use in its
existing state, and it cannot be rendered capable of reasonably beneficial use by the
carrying out of any development which has been or would be permitted, the owner of the
land may serve on the planning authority a purchase notice requiring the purchase of the
landowner’s interest in the land, in accordance with Part 5 of the Town and Country
Planning (Scotland) Act 1997 (as amended). 
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APPENDIX TO DECISION REFUSAL NOTICE 
Appendix relative to application: 23/01163/PPP 
A. Has the application been the subject of any “non-material” amendment in terms of
Section 32A of the Town and Country Planning (Scotland) Act 1997 (as amended) to
the initial submitted plans during its processing. 
Yes/No (delete as appropriate) if yes, list amendments 
B.  Is the proposal a departure from the Development Plan: 
No 
If yes, state level of departure: 
No Departure 
C.  Summary justification statement for refusal of planning permission in principle 
The proposal is considered to be contrary to NPF4 Policy 13 and Policies LDP11, SG LDP TRAN 4
and SG LDP TRAN 5 of the Argyll and Bute Local Development Plan 2015, and there are no other
material considerations of sufficient significance to indicate that it would be appropriate to grant
planning permission in this instance as a departure to the Development Plan having regard to s25
of the Act. 
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l
Whinfield
Nithsdale
Glenairlie
Kellan
Craigoran
Harlaw
Burnlea
Dunchonnel
StaSubEl
PULPIT ROCK
Summit Dunnottar
Valtos
Rockcrest
Ardrhn
Dundarroch
Mingary
Ardmore
Blaven
El Sub Sta
Dunoran
Arisaig Davaar
Ferndale
Don-Muir
Summerhill
Clachbheo
Glenholm
Marlen
Glenstruan
Fioran HolburnCottage
Strathyre
Kilphedar
Ardencaple
Rohan
Greenbank
Bayridge
Alt-na-Carmaig
CurlingPondVilla
Tigh-na-Creige
Gairloch
Dibrugarh
4Cadderlie
5
1
2
Yali
Hillside
Le Chardon
Aros Ard
G  L  E  N  M  O 
R  E   R  O 
A  D
Nithsdale
Glenairlie
Harlaw
Greenbank
Bayridge
5
Garage
Kilphedar
Rock Cliffe
4 glenmore road.
Sorisdale
3 glenmore road.
Kellan
To Town Centre
To Pulpit Hill
To Town Centre
vacant land
Mimba
2 glenmore road.
Project
CMD
Beaton + McMurchy
tel - 01866 822350  fax - 01866 822320
tigh na glaic, taynuilt, argyll. pa35 1jw
Drawing No. Revision
web       www.bmarchitects.co.uk
architects
Drawing
Drawn by
CAD Filename:
Drawing Scale: A1 @ 1:200
Date:
Client
S C H E M E D E S I G N
SITEPLAN
e-mail     mail@bmarchitects.co.uk
2 2 1 6 0 1      C
APR 2023
PROPOSED HOUSE SITE AT KELLAN,
GLENMORE ROAD,
OBAN, ARGYLL
DEREK MACLEAN
n
NOTE: copyright of this design belongs to Beaton + McMurchy Architects Ltd. and cannot be
copied or reproduced without our consent.
The purpose of this drawing is solely for obtaining Planning Permission and/or Building Warrant
approval. The drawing may be suitable for construction purposes but it may be necessary to
augment/and or amend this information for this purpose. No liability will be accepted for any
omission on this drawing should the drawing be used for construction purposes.
S I T E P L A N 1 : 2 0 0
L O C A T I O N P L A N 1 : 2 5 0 0
LP
new access
Boundary Hedge
Hedge
parking area
Indicative House
shown
planting
NOTE: Boundary lines taken from Title plan ARG24766
2 4 6 8 10 200
20 4 6 8 10 20 40 60 feet
SCALE
metres
Garden
Holburn
Cottage
w.
w.
min 18m
w.
w.
w.
D   E   S   I   G   N        S   T   A   T   E   M   E   N   T     :
Background Information:
Name of Development: Proposed dwelling house, Glenmore Road, Oban, Argyll
Applicant: Mr Derek MacLean
Design Team: Beaton + McMurchy Architects Ltd.
Client Brief: New bulid dwelling house
Date: June 2023
Site and Area Appraisals:
Description: The site is located off Glenmore Road, Oban
Design: The proposals are to erect a new dwelling house. Every effort will be made to ensure the scale and massing of the building is in keeping with its surroundings and that it will 'blend in ' within the landscape with the help of planting, either
existing or proposed. Local materials may be used in the building's construction e.g.. reclaimed stonework, roofing finishes will either be slate or slate substitute, wall finishes may be render and/or timber/ composite boarding. Timber windows
and doors will be favoured, eaves and verges will project from the walls to give good weather protection, any dormers and porches will be in scale to the main building. The proposed dwellinghouse have been positioned and oriented so as
retain the non-linear somewhat ad hoc/random nature of the existing neighbouring dwellinghouses whilst at the same time optimising amenity in terms of both views and natural light. The proposed dwellinghouse would in due course also be
designed with resource efficiency/renewability and eco-sustainability foremost in mind in terms of construction, insulation, glazing and heating source/s.
Access:
Access to the site is directly off the UC53 Glenmore road. The proposals include for a new access which will be installed in accordance with Argyll & Bute Council's Roads and Pavements' department's requirements.
Healthy: The location of this plot is directly off Glenmore Road and so benefits from the passive security of being visible for passers-by thus supporting the prioritisation of women's safety. The location also helps in that it is within walking distance
to the Town Centre. It also has views down to the bay. This certainly addresses improving physical and mental health. 
Pleasant: Simple proportions of this new house are complimented with a limited natural material palette that offer the range of materials sought in assessing the housing character of the area which support attractive natural and built spaces.
Connected: This site benefits connectivity as it is in the heart of the bustling vibrant town of Oban.
Sustainable: The dwelling will exceed the standards required by building control. It will have very high levels of insulation, triple glazed doors and windows, an air source heat pump and solar panels.
Biodiversity: The planting and boundary treatments will reflect the locale with generally timber post & wire fences utilised. The garden will generally be laid to lawn but will incorporate an area of natural lawn for foraging birds, insects etc and will
have hedgehog holes in fences and boundaries. It will have a log pile, as the house has a wood burner, which are great for minibeasts, a wildlife pond or water feature, a compost bin and lots of hiding places so beasts will not be disturbed.
Services:
Drainage:     Foul water drainage to mains sewer, surface water drainage to soakaway or to  stream
Water:         Mains water supply.
Electricity:    Mains electricity available.
BT:               BT services available.
NOTES:
1. APPLICATION SITE OUTLINED IN RED
2. ALL OTHER LAND IN SAME OWNERSHIP OUTLINED IN BLUE
Trees / scrub planting to boundary to aid screening
Argyll and Bute Council
REFUSED by the PLANNING AUTHORITY
Relative to Application No:
23/01163/PPP
Fergus Murray
Head of Development and Economic Growth
15 February 2024
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Sound of Kerrera
Shingle
Dungallan Parks
Shelter
PCs
9.4m
8.2m
Club
Landing
Stage
Rock
Manor Cottage
Port
Gallan
Shingle
The Manor House
10.7m GALLANACH ROAD
Rock
Bollards
Pier
Bollards
Lighthouse
Depot
Firth View Boat Yard
Rock
Port
Blythswood
BM 11.95m
Portlea
Inveree
Gylen Park
8.8m
Inishmore
VILLA ROAD
Thor Bhan
Ben
ViewTigh-na-Coille
Orasaig
Sannox
Dunmore
Ardtornish
CRANNAG
A' MHINISTEIR
Craigton
Ard-GhilleanDungallan
House
Hotel
Cardentrive
The Stables
Dungrianach
Glenstrae
Pond
Path (um)
PC
Posts
Summit
Stone
Indicator
Path (um)
Crannag a'
Mhinisteir
Cruachan
Cottage
Cruachan House
Thornhill
KilbrandonKinnaird
Ardenlee
Dunnottar Dunchonnel
21.6m
Carradale
Morven House
Invercreran
Glenmore
House
Bon Accord
GLENMORE ROAD
Belmara
Ben
BhanTy-AmourKilcheran
Bracklinn
Balmacara
El
Sub
GLENMORE ROAD
Sinks
Burnlea
Harlaw
Craigoran
Valtos
Kellan
CRUACHAN VIEW
Rockcrest
Ardrhn
PULPIT HILL
Dundarroch
MingaryArdmore
Blaven
El Sub Sta
Dunoran
Arisaig Davaar
TCB
PULPIT ROCK
Tigh na CreagBirchwood
PULPIT ROCK
GRIANACH GARDENS
PULPIT
ROAD
Ferndale
Don-Muir
Summerhill
Glenholm
Marlen
Glenstruan
Fioran
Holburn
Cottage
Strathyre
Kilphedar
Ardencaple
Greenbank
Bayridge
Alt-na-Carmaig
Glenairlie
Nithsdale
Whinfield
Tigh-na-Creige
Am Binnean
15.5m
Club
House
BM 9.54m
8
7
1
2
1
5
13
48
56
62
BEN
Sta
Beag
Caraig na griene
Sealladh Briagha
4
l
Cadderlie
5
1
2
Yali
Kervora
Hillside
Taobh-na-coille
Le Chardon
Slipway
1
2
Morven
Gardens
Aros Ard
Slipway
Ellery
Fuaran
House South Pier
Navigation Light
(Fixed Green)
Slipway An Ob
Slipway
L Twr
Navigation Light
(Fixed Green White Green)
Oban Bay
Ship Ferry (Vehicular)
Terminal
Bollards
L Twr
Bollards
L Twr
Bollards
Tank
Railway Quay
Cawdor Place
Hotel
10.1m
DRIMVARGIE
ROAD
Tel Ex
PW
Hall
9.4m
Cawdor Terrace
Carnbhan
ALMA
CRESCENTEl
Sub Sta
TCB
Issues
Sinks
4.6m
Gylen
Ardross
Torwood
Dungorm
LB
The
Elms
Tower View
Haggarts Brae
Maridon
House
Beechwood
Glasdrum
Manse
Shennachie
Tigh-na
-mara
Glenm
orven
Deebank
DUNUARAN
ROAD
Lochvoil
House
Dunuaran
House
Drimvargie
Terrace
Caulfield Cott
13.4m
Oil StorageDepot
Tanks
Achnashie
1 to 3
4 to 6
7
4
3
2
1 9
7
3
2
6
14
42
1 3
South Pier
17 to 32
Albany Apartments
L Twr
WB
MLWS
Surgery
Car Park
1 to 12
John Anderson
House
1
GLENMORE ROAD
Drimvargie
Mews
Dungallen
Court
Cawdor
House
RAILWAY PIER
Mean High & Mean Low Water Springs
El Sub Sta
Car Pk
Liby
Gavicaid
SIGNED
THIS IS THE PRINCIPAL COPY / TRUE COPY OF
THE PLANS REFFERED TO IN THE APPLICATION
DATE
Drawing Status
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Drawing Title
Project
chkdwnDescriptionDate
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SIGNED
THIS IS THE PRINCIPAL COPY / TRUE COPY OF
THE PLANS REFFERED TO IN THE APPLICATION
DATE
Location Plan
050m 50m 100m 150m 200m 250m
1:2500
JM 021   PL_01 A 1:2500@A3
Proposed Housing at:
Pulpit Rock
Oban
John MacLachlan Ltd
Location Plan
Planning
Application site
Application site boundary outlined in RED
All other land in same ownership outlined in Blue
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Proposed Housing at:
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Oban
John MacLachlan Ltd
Floor Plans, Elevations & Site Plan
Planning
Client
Date
Description dwn chk
Project
Drawing Title
Rev
Drawing no.                        Rev.     Scale
Drawing Status
THIS IS THE PRINCIPAL COPY / TRUE COPY OF
THE PLANS REFFERED TO IN THE APPLICATION
rev date
Ground Floor Plans 1:100
First Floor Plans 1:100
North West Elevation (front) 1:200 South West Elevation (side) 1:200 South East Elevation (rear) 1:200 North East Elevation (side) 1:200
Site Plan  1:500 10m 30m0m 20m
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10no. parking
spaces
Turning
Natural slate roof Painted timber/ UPVC soffit
and facia's - Dark Grey
UPVC timber effect cladding
- Dark Grey
UPVC timber effect cladding PV/ Solar Panel UPVC Windows - Dark Grey
Wet dash render wall finish -
White
UPVC Gutters & Downpipes -
Black
Block A
Block B
Block C
Block CBlock BBlock A Block ABlock BBlock CBlock C Block A
New road access point formed
Viability splays to A&BC Road
Standards drawing number: SD
08/004 rev A
A&BC Road Standards drawing: SD 08/004 rev A - N.T.S
Access Notes:
Access at junction with public road to be constructed in accordance with
Operational Services Drg No SD08/004a.
No walls, fences, hedges etc will be permitted within the verge or to be
greater than height than 1.05m above road level within the first 2m from
the channel line.
Visibility splays measuring 25m x 2.4m to be cleared and maintained.
This applies to both the new connection from the site to Pulpit Rock
UC56 and the junction of the Pulpit Rock UC56 Road with
Crannaig-A-Mhinister UC55 Road.
Application site boundary outlined in RED
All other land in same ownership outlined in Blue
Road junction upgrades, refer to
drawing number: JM021(PL)06 (A)
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P
1.5m
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SIGNED
THIS IS THE PRINCIPAL COPY / TRUE COPY OF
THE PLANS REFFERED TO IN THE APPLICATION
DATE
Drawing Status
Job no.       Drawing no.     Rev.     Scale
Drawing Title
Project
chkdwnDescriptionDate
Client
Rev
SIGNED
THIS IS THE PRINCIPAL COPY / TRUE COPY OF
THE PLANS REFFERED TO IN THE APPLICATION
DATE
JM 021   PL_06 A 1:200@A3
Proposed Housing at:
Pulpit Rock
Oban
John MacLachlan Ltd
Road Upgrades
Planning
Line of existing pavement
approximately 1.2m wide and
existing road width is 4m
Road widened to 5.5m to a
distance of 11m from its
connection with the UC55
Crannaig-A-Mhinister Road
Footpath widened by 300mm in
towards application site (overall
width 1.5m) and extend from
connection with the UC55
Crannaig-A-Mhinister Road and
site entrance
Road Junction Plan 1:200
Street View of Existing Infrastructure
Area shown hatched represents
additional 300mm added to
existing footpath
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED)
TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE)
(SCOTLAND) REGULATIONS 2013 
PLANNING PERMISSION 
REFERENCE NUMBER: 21/02509/PP 
Mr John MacLachan
Allan Macaskill
An Eala Bhan
5 Ferryfield Road Connel
Connel
Oban
United Kingdom
PA37 1SR 
I refer to your application dated 26th November 2021 for planning permission in respect of the
following development: 
Erection of 5 dwellinghouses and formation of vehicular access
AT:
Land North East Of Tigh Na Creag Pulpit Rock Oban Argyll And Bute 
Argyll and Bute Council in exercise of their powers under the above mentioned Act and
Regulations hereby grant planning permission for the above development in accordance with the
particulars given in the application form and doquetted plans subject however to the conditions
and reasons detailed on the  following page(s). 
It should be understood that this permission does not carry with it any necessary consent or
approval for the proposed development under other statutory enactments and is not a Building
Warrant. 
Dated: 16 March 2022 
Fergus Murray
Head of Development and Economic Growth 
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REFERENCE NUMBER: 21/02509/PP 
Erection of 5 dwellinghouses and formation of vehicular access
AT:
Land North East Of Tigh Na Creag Pulpit Rock Oban Argyll And Bute 
The planning application as detailed above is subject to the following conditions: 
1. The development shall be implemented in accordance with the details specified on
the application form dated 25/11/21, supporting information and, the approved
drawings listed in the table below unless the prior written approval of the planning
authority is obtained for an amendment to the approved details under Section 64 of
the Town and Country Planning (Scotland) Act 1997. 
Plan Title. Plan Ref. No. Version Date
Received
Location Plan  PL_01  A  15/03/22
Floor Plans, Elevations & Site Plan  PL_02  B  15/03/22 
Block A – Floor Plans & Elevations   PL_03   13/12/21 
Block B – Floor Plans & Elevations  PL_04   13/12/21
Block C – Floor Plans & Elevations  PL_05  13/12/21 
Road Upgrades  PL_06  A 15/03/22 
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details. 
Note to Applicant: 
 This planning permission will last only for three years from the date of this
decision notice, unless the development has been started within that period [See
section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as
amended).] 
 In order to comply with Sections 27A(1)  of the Town and Country Planning
(Scotland) Act 1997, prior to works commencing on site it is the responsibility of
the developer to complete and submit the attached ‘Notice of Initiation of
Development’ to the Planning Authority specifying the date on which the
development will start. Failure to comply with this requirement constitutes a
breach of planning control under Section 123(1) of the Act. 
 In order to comply with Section 27B(1) of the Town and Country Planning
(Scotland) Act 1997 it is the responsibility of the developer to submit the attached
‘Notice of Completion’ to the Planning Authority specifying the date upon which
the development was completed. 
Both the Notification of Initiation and Notification of Completion forms referred to
above are available via the following link on the Council’s website: 
https://www.argyll-bute.gov.uk/planning-and-environment/make-planning-
application 
 Please note the advice and guidance contained in the consultation responses
from Scottish Water and JBA Consulting Ltd, both of which are available to view
via the following link on the Council’s Public Access System.  Should you wish to
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discuss any of the points raised in the responses you are advised to contact the
relevant parties direct. 
 https://www.argyll-bute.gov.uk/planning-and-environment/find-and-comment-
planning-applications  
2. Notwithstanding the provisions of Condition 1, the proposed access into the site at
the junction with the public road shall be constructed in accordance with the
Council’s Roads Standard Detail Drawing SD 08/004a and shall include visibility
splays of 2.4 metres to point X by 25 metres to point Y from the centre line of the
proposed access. The access shall be surfaced with a bound material in accordance
with the stated Standard Detail Drawing. Before any development commences, the
access hereby approved shall be formed to at least base course standard and the
visibility splays shall be cleared of all obstructions such that nothing shall disrupt
visibility from a point 1.05 metres above the access at point X to a point 0.6 metres
above the public road carriageway at point Y. The final wearing surface on the
access shall be completed prior to the initial occupation of the first dwellinghouse to
be completed and the visibility splays shall be maintained clear of all obstructions
thereafter. 
Reason: In the interests of road safety. 
Note to Applicant: 
 A Road Opening Permit under the Roads (Scotland) Act 1984 must be
obtained from the Council’s Roads Engineers prior to the formation/alteration
of a junction with the public road.
 The access shall be constructed and drained to ensure that no surface water
is discharged onto the public road.  
3. Notwithstanding the effect of Condition 1, no development shall commence until
written details of the type and colour of materials to be used in the construction of the
proposed dwellinghouses have been submitted to and approved in writing by the
Planning Authority. The development shall thereafter be completed using the
approved materials or such alternatives as may be agreed in writing with the
Planning Authority. 
Reason: In order to integrate the development into its surroundings.  
4. The proposed commensurate improvements to the public highway shown on
Drawing Number PL_06 A, shall be fully completed, to the satisfaction of the Roads
Authority, prior to the initial occupation of the first dwellinghouse to be completed. 
Reason: In the interests of road safety. 
5. Notwithstanding the provisions of Condition 1, the development shall incorporate a
surface water drainage system which is consistent with the principles of Sustainable
urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s
SuDS Manual C753 and Sewers for Scotland 4th Edition.  The requisite surface
water drainage shall be operational prior to the development being brought into use
and shall be maintained as such thereafter. 
Reason: To ensure the provision of an adequate surface water drainage system and
to prevent flooding.
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Note to Applicant: 
Further advice on SuDS can be found in SEPA’s Standing Advice for Small Scale
Development – www.sepa.org.uk  
6.  Notwithstanding the provisions of Condition 1, the finished floor levels of the
proposed development shall be between 0.3 and 0.6 metres above surrounding
natural ground level.   
Reason: In order to secure an acceptable relationship between the development and
its surroundings and prevent surface water flooding. 
7. Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) (Scotland) Order 1992 (as amended), (or any Order
revoking and re- enacting that Order(s) with or without modifications), nothing in
Article 2(4) of or the Schedule to that Order, shall operate so as to permit, within the
area subject of this permission, any development referred to in Part 1 and Classes
1A, 1B, 1C, 1D, 2A, 2B, 3A, 3B, 3C, 3D and 3E of the aforementioned Schedule, as
summarised below:  
PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE 
Class 1A: Any enlargement of a dwellinghouse by way of a single storey ground floor
extension, including any alteration to the roof required for the purpose of the
enlargement. 
Class 1B: Any enlargement of a dwellinghouse by way of a ground floor extension
consisting of more than one storey, including any alteration to the roof required for
the purpose of the enlargement. 
Class 1C: The erection, construction or alteration of any porch outside any external
door of a dwellinghouse. 
Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to
its roof. 
Class 2A: The erection, construction or alteration of any access ramp outside an
external door of a dwellinghouse. 
Class 2B: Any improvement, addition or other alteration to the external appearance
of a dwellinghouse that is not an enlargement. 
Class 3A: The provision within the curtilage of a dwellinghouse of a building for any
purpose incidental to the enjoyment of that dwellinghouse or the alteration,
maintenance or improvement of such a building. 
Class 3B: The carrying out of any building, engineering, installation or other
operation within the curtilage of a dwellinghouse for any purpose incidental to the
enjoyment of the dwellinghouse. 
Class 3C: The provision within the curtilage of a dwellinghouse of a hard surface for
any purpose incidental to the enjoyment of that dwellinghouse or the replacement in
whole or in part of such a surface. 
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Class 3D: The erection, construction, maintenance, improvement or alteration of any
deck or other raised platform within the curtilage of a dwellinghouse for any purpose
incidental to the enjoyment of that dwellinghouse. 
Class 3E: The erection, construction, maintenance, improvement or alteration of any
gate, fence, wall or other means of enclosure any part of which would be within or
would bound the curtilage of a dwellinghouse. 
No such development shall be carried out at any time within this Part and these
Classes without the express grant of planning permission.  
Reason: To protect the sensitive area and the setting of the proposed dwellinghouse,
in the interest of visual amenity and public health, from unsympathetic siting and
design of developments normally carried out without planning permission; these
normally being permitted under Article 2(4) of the Town and Country Planning
(General Permitted Development) (Scotland) Order 1992 (as amended).  
8. Notwithstanding the effect of Condition 1, no development shall commence until a
scheme of boundary treatment, surface treatment and landscaping has been
submitted to and approved in writing by the Planning Authority. The scheme shall
include details of: 
i) Location, design and materials of proposed walls, fences and gates;
ii) Surface treatment of proposed means of access and hardstanding
areas;
iii) Any proposed re-contouring of the site by means of existing and
proposed ground levels.
iv) Proposed hard and soft landscape works. 
The development shall not be occupied until such time as the boundary treatment,
surface treatment and any re-contouring works have been completed in accordance
with the duly approved scheme. 
All of the hard and soft landscaping works shall be carried out in accordance with the
approved scheme during the first planting season following the commencement of
the development, unless otherwise agreed in writing by the Planning Authority. 
Reason: To assist with the integration of the proposal with its surroundings in the
interest of amenity. 
Note to Applicant: 
Careful consideration should be given to the proposed landscaping scheme for the
development to ensure that it does not conflict with the visibility splays required by
Condition 2 above. 
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NOTES TO APPLICANT (1) RELATIVE TO APPLICATION NUMBER 21/02509/PP 
1. If the applicant is aggrieved by the decision to refuse permission for or approval required
by a condition in respect of the proposed development, or to grant permission or approval
subject to conditions, the applicant may require the planning authority to review the case
under Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended)
within three months from the date of this notice. A Notice of Review request must be
submitted on an official form which can be obtained by contacting The Local Review Body,
Committee Services, Argyll and Bute Council, Kilmory, Lochgilphead, PA31 8RT or by
email to localreviewprocess@argyll-bute.gov.uk 
2. If permission to develop land is refused or granted subject to conditions and the owner of
the  land claims that the land has become incapable of reasonably beneficial use in its
existing state, and it cannot be rendered capable of reasonably beneficial use by the
carrying out of any development which has been or would be permitted, the owner of the
land may serve on the planning authority a purchase notice requiring the purchase of the
landowner’s interest in the land, in accordance with Part 5 of the Town and Country
Planning (Scotland) Act 1997 (as amended). 
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APPENDIX TO DECISION APPROVAL NOTICE 
Appendix relative to application: 21/02509/PP 
A. Has the application required an obligation under Section 75 of the Town and Country
Planning (Scotland) Act 1997 (as amended): 
Planning Obligation Not Required 
B. Has the application been the subject of any “non-material” amendment in terms of Section
32A of the Town and Country Planning (Scotland) Act 1997 (as amended) to the initial submitted
plans during its processing. 
Yes 
The application drawings have been updated to show some off-site highway improvements
which can be achieved within the public road corridor and land within the ownership of the
applicant. 
Summary of amendments (if appropriate): 
C.  Is the proposal a departure from the Development Plan: 
No 
If yes, state level of departure: 
No Departure 
D.  Summary justification statement for approval of planning permission 
The proposal is considered to be consistent with the relevant provisions of the Development Plan,
and there are no other material considerations of sufficient significance to indicate that it would be
appropriate to withhold planning permission having regard to s25 of the Act. 
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Page 67

STATEMENT OF CASE 
FOR 
ARGYLL AND BUTE COUNCIL 
LOCAL REVIEW BODY 
24/0010/LRB 
REFUSAL OF PLANNING PERMISSION 23/01163/PPP 
SITE FOR THE ERECTION OF A DWELLINGHOUSE 
KELLAN, GLENMORE ROAD, OBAN 
02 May 2024
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STATEMENT OF CASE 
The Planning Authority is Argyll and Bute Council (‘the Council’). The appellant is Mr Derek
MacLean (“the appellant”). 
Planning permission 23/01163/PPP for the site for the erection of a dwellinghouse at Kellan,
Glenmore Road, Oban (“the appeal site”) was refused by the Planning Service under
delegated powers on 16 February 2024.   
The planning application has been appealed and is subject of referral to a Local Review
Body. 
DESCRIPTION OF SITE 
The site lies immediately adjacent to the public road situated to the south of Kellan.  The site
which is within the extended curtilage of Kellan was previously open garden ground which
had been abandoned and incorporates recent unauthorised excavation works to the rock cliff
to the east of the site; this is evident from the image captured on Google street maps dated
May 2022 (Appendix 2).  The site, although in an elevated position on Pulpit Hill, is
surrounded by residential development; of various sizes and types of construction, some in a
linear form and others sporadically sited. 
The planning application identified the indicative footprint of the proposed dwellinghouse
situated off the UC53 Glenmore Road. 
The site is effectively the extended open ground of Kellan and a modest dwellinghouse
appropriately sited and designed in terms of potential siting, plot size and compliance with
the existing settlement pattern would effectively terminate the extent of built development at
this location. The site 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. 
Whilst it is accepted that the proposed the site for the erection of a dwellinghouse within the
site without any significant adverse visual impact on the site or the wider landscape within
which it is proposed, a suitable access regime, including improvement of substandard public
approach roads, to serve the proposed development cannot be achieved.   
The proposed development of the site by the erection of a dwellinghouse constitutes a
material intensification of the use of an existing and constrained public approach road. The
proposed development is therefore considered to have a significant adverse impact upon
highway safety. No appropriate commensurate or offsite highway improvements have been
identified sufficient to set aside these safety concerns and therefore planning permission
was refused. 
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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STATEMENT OF CASE 
Argyll and Bute Council considers the determining issues in relation to the case are as
follows: 
 Whether the proposed development constitutes a material intensification of the use of
an existing and constrained public approach road and whether. 
The Report of Handling (Appendix 1) sets out the Council’s full assessment of the
application in terms of Development Plan policy and other material considerations. 
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 1.  As such it is considered that Members have all the information they need to
determine the case. Given the above and that the proposal is small-scale, has no complex or
challenging issues, and has not been the subject of any significant public representation, it is
not considered that a Hearing is required. 
COMMENT ON APPELLANT’S SUBMISSION 
The case from the Planning Service is set out in the Report of Handling appended to this
statement.   
The Planning Service has no comment to make on the Appellant’s submission.   
ADOPTION OF LOCAL DEVELOPMENT PLAN 2 
Since planning permission was refused, ‘Local Development Plan 2’ (LDP2) has been
adopted which, along with ‘National Planning Framework 4’ represent the Development Plan
against which planning applications are assessed. 
However, the relevant policies contained within LDP2 were considered during the processing
of the application and therefore, in this instance, the adoption of LDP2 does not change the
assessment previously undertaken by officers, namely that the development the subject of
this review would conflict with NPF4 Policy 13 and Policies 36 and 41 of LDP2.   
CONCLUSION 
Section 25 of the Town and Country Planning Act 1997 requires that all decisions be made
in accordance with the development plan unless material considerations indicate otherwise. 
As set out above, it remains the view of the Planning Service, as set out in the Report of
Handling appended to this statement, that the proposed development constitutes a material
intensification of the use of an existing and constrained public approach road. The proposed
development is therefore considered to have a significant adverse impact upon highway
safety. No appropriate commensurate or offsite highway improvements have been identified
sufficient to set aside these safety concerns and therefore planning permission was refused. 
Taking account of the above, it is respectfully requested that the application for review be
dismissed. 
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APPENDIX 1
Report of Handling Relative to 23/01163/PP 
Argyll and Bute Council
Development & Economic Growth 
Planning Application Report and Report of Handling as required by Schedule 2 of
the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013 relative to applications for Planning Permission or Planning
Permission in Principle 
Reference No: 23/01163/PPP
Planning Hierarchy: Local
Applicant: Mr Derek MacLean
Proposal: Site for the erection of dwellinghouse
Site Address:  Kellan, Glenmore Road, Oban, Argyll      
DECISION ROUTE 
Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 
☐Committee - Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission
 Site for the erection of a dwellinghouse
 Formation of vehicular access 
(ii) Other specified operations
 Connection to public water main 
 Connection to public drainage system 
(B) RECOMMENDATION: 
Having due regard to the Development Plan and all other material considerations,
it is recommended that planning permission in principle be refused subject to the
reasons appended to this report. 
(C) CONSULTATIONS:   
Roads Authority 
Report dated 06.07.2023 recommending Refusal.  Area Roads advise that the
proposal is situated off the UC53 Glenmore Road within an urban 20mph speed
restriction and Roads will not support any further new development to be served
by this road due to the unsuitability of the restricted road to take additional traffic. 
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The Roads Authority have further advised as follows: ‘In 2012 the Council Roads
Department carried out studies and inspections on traffic issues on Glenmore
Road and Crannag a Mhinisteir at the behest of the Oban Lorn and The Isles
Area Committee due to complaint and concerns that local elected members had
received from the community in respect of road safety. The study looked at
various issues but predominantly centred around turning Glenmore Road and
Crannag a Mhinisteir into a one way system and providing a footway for
pedestrian safety. 
It is generally acknowledged that the road serving the Pulpit Hill area have steep
gradients and are barely wide enough in places for two way traffic. In places this
is exacerbated by walls and hedges close to the road edge. 
The one way system option was dismissed on various grounds so the decision
was taken at that point by the Roads department to try to control the increase in
numbers of vehicle movements over these roads by refusing to support any
further new development proposals that would increase traffic on the roads’.   
Scottish Water 
Letter dated 22.06.2023 advising no objection to the proposed development
which will be serviced from the Tullich Water Treatment Works and the Oban
Waste Water Treatment Works. Scottish Water do however advise that further
investigations may be required once formal applications for connection to their
infrastructure has been submitted for consideration. 
Health & Safety Executive (HSE)
Report dated 20.06.2023 advising that the proposed development site which you
have identified does not currently lie within the consultation distance of a major
hazard site or major accident hazard pipeline; therefore at present HSE does not
need to be consulted on any developments on this site. 
Oban Airport 
No response at time of report being written and no request for an extension to
time. 
The above represents a summary of the issues raised.  Full details of the
consultation responses are available to view via the Public Access section of the
Council’s website. 
(D) HISTORY:   
18/02010/PPP
Site for the erection of dwellinghouse
Planning application returned 
08/01030/OUT
Site for erection of a dwellinghouse.
Refused: 01.08.2008 
93/01135/OUT001
SITE FOR THE ERECTION OF A DWELLINGHOUSE  
23.02.1994 
(Delegated report for 08/01030/OUT referring to 93/01135/OUT001: The reasons
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for refusal were overdevelopment of a small narrow plot contrary to local plan
policy HO 21 and fragmentation of open space which contributes to the townscape
setting contrary to local plan policy BE 9A. 
The applicant subsequently appealed the decision but it was dismissed by the
reporter.)   
(E) PUBLICITY:   
The proposal has been advertised in terms of Regulation 20 and Neighbour
Notification procedures, overall closing date 20.07.2023 
(F) REPRESENTATIONS:   
(i) Representations received from: 
Objections: 
David Maers, Rockcliff, 4 Glenmore Road, Pulpit Hill, Oban, received 06.07.2023
Kenneth MacPherson, Kilphedar, Glenmore Road, Pulpit Hill, Oban, dated
07.07.2023. 
Representation from the applicant:
Emails dated 12.10.2023, 12.10.2023, 23.10.2023, 11.11.2023, 16.01.2024,
19.01.2024, 02.02.2024 and 06.02.2024. 
Representations are published in full on the planning application file and are
available to view via the Public Access section of the Council’s website. 
(ii) Summary of issues raised: 
 Concerns that the applicant has undertaken major excavations of the site which
was once a lovely green area and is now a rock face. 
Planning Authority Comment: The retrospective nature of this part of the
development is noted. 
 Concerns with the impact of privacy, overlooking / looking down into the proposed
dwellinghouse. 
Planning Authority Comment: As the proposal is for planning permission in
principle no details of the proposed dwellinghouse are required to be submitted at
this stage. 
However, it is considered that a dwellinghouse to this site will not impact on the
privacy of surrounding dwellinghouses subject to a suitably sited and designed
dwellinghouse which will relate to the existing development within this area.   
 Concerns with the proposal will partially block the view from a neighbouring
property known as 4 Glenmore Road. 
Planning Authority Comment: The proposal is for planning permission in principle
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where no details of the proposed dwellinghouse are required to be submitted at
this stage. Further the site is set down in a lower location and the loss of a private
view is not a material planning consideration. 
 Concerns that the proposed access will be directly opposite 4 Glenmore Road. 
Planning Authority Comment: The submitted site plan, drawing number 2216 01,
identifies the proposed access as being opposite the access to 3 Glenmore Road
and not 4 Glenmore Road. 
 Concerns that the proposal will create a lot of noise and a mess on the public road. 
Planning Authority Comment: Any concerns with potential future noise would be a
matter for Environmental Health and any potential mess on the public road would
be a matter for the Area Roads Authority. 
 Concerns that planning permission has been refused before. 
Planning Authority Comment: Planning Permissions 08/01030/OUT and
93/01135/OUT001 were refused on the same site.  Reasons for refusal are set out
above in Section (D). It is noted that these historic refusals were assessed and
determined under a different set of both local and national planning policies.  
 Concerns that the proposal will have insufficient garden ground. 
Planning Authority Comment: The submitted site plan, drawing number 2216 01,
annotates an indicative house footprint; leaving approximately 429 square metres
of garden ground which is acceptable. 
 Concerns from the applicant: 
 The planning application had exceeded the determination date of 18th August 2023
and the agreed extension. 
 Advising that the council are now in severe violation of Scottish planning laws. The
first violation was not meeting the response time determined by the Scottish
government. The second was not asking the applicant for an extension on the
determination date. Finally the 3rd violation has occurred in the fact that Argyll and
Bute council have not met the extension deadline that was reluctantly agreed by
myself and the council. 
Planning Authority Comment: The applicant was advised that the Council is not in
any violation of planning law although it is confirmed that failure to determine the
application within the agreed extension period does now mean that the time period
within which a right to seek Local Review of the application due to a failure of the
Council to provide a timely decision commenced on 10th November 2023 and will
expire on 10th February 2024. It was advised that once a request for a local review
has been initiated that process would preclude officers from reaching a formal
determination of the application. 
 The applicant enquired if the Area Team Leader would go against the
recommendations from the roads authority. 
 Advising that a FOI had been received from Argyll & Bute Council which requested
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information on the road safety survey carried out in 2012. 
 The roads department are not consistent with reports that have been carried out
for previous applications i.e. granny annexes, garage conversions etc. 
Planning Authority Comment: The applicant was advised that Area Roads are a
consultee in the planning process and that the points made are noted. 
 Mr J. Mclachlan's plots that have been granted for 5 homes which has been
ongoing since 2008 with no built development being undertaken. 
Planning Authority Comment: This is not a material consideration in the
determination of this planning application.  However, planning permission
21/02509/PP was granted for the erection of 5 dwellinghouses and the formation of
a vehicular access; commensurate improvements were sought and agreed with the
Area Roads.  That particular site benefited from planning approvals going back to
2007 and also benefits from a meaningful start. 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report: ☐Yes No 
(ii) An Appropriate Assessment under the
Conservation (Natural Habitats) Regulations
1994:   
☐Yes No 
(iii) A Design or Design/Access statement:    ☐Yes No 
(iv) A report on the impact of the proposed
development eg. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:  
☐Yes No 
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   ☐Yes No 
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32: ☐Yes No    
(J) Section 25 of the Act; Development Plan and any other material
considerations over and above those listed above which have been taken
into account in the assessment of the application 
(i)  List of all Development Plan Policy considerations taken into account
in assessment of the application. 
National Planning Framework 4 (Adopted 13th February 2023)
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Part 2 – National Planning Policy 
Sustainable Places
NPF4 Policy 1 – Tackling the Climate and Nature Crises
NPF4 Policy 2 – Climate Mitigation and Adaption
NPF4 Policy 3 – Biodiversity
NPF4 Policy 4 – Natural Places
NPF4 Policy 7 – Historic Assets and Places 
NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings
(includes provisions relevant to Greenfield Sites)
NPF4 Policy 12 – Zero Waste
NPF4 Policy 13 – Sustainable Transport 
Liveable Places
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods
NPF4 Policy 16 – Quality Homes
NPF4 Policy 17 – Rural Homes
NPF4 Policy 18 – Infrastructure First 
‘Argyll and Bute Local Development Plan’ Adopted March 2015 
LDP STRAT 1 – Sustainable Development 
LDP DM 1 – Development within the Development Management Zones 
LDP 3 – Supporting the Protection Conservation and Enhancement of our
Environment 
LDP 8 – Supporting the Strength of our Communities 
LDP 9 – Development Setting, Layout and Design 
LDP 10 – Maximising our Resources and Reducing our Consumption 
LDP 11 – Improving our Connectivity and Infrastructure 
Local Development Plan Schedules 
‘Supplementary Guidance to the Argyll and Bute Local Plan 2015’ (Adopted
March 2016 & December 2016) 
Natural Environment 
SG LDP ENV 1 – Impact on Habitats, Species and our Biodiversity 
Landscape and Design 
SG LDP ENV 14 – Landscape 
General Housing Development 
SG LDP HOU 1 – General Housing Development Including Affordable Housing
Provision 
Sustainable Siting and Design 
SG LDP Sustainable – Sustainable Siting and Design Principles 
Resources and Consumption
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SG LDP SERV 1 – Private Sewage Treatment Plants & Wastewater Systems
SG LDP SERV 2 – Incorporation of Natural Features / SuDS
SG LDP SERV 5(b) – Provision of Waste Storage & Collection Facilities within
New Development 
Addressing Climate Change 
SG LDP Sust Check – Sustainability Checklist 
Transport (Including Core Paths) 
SG LDP TRAN 2 – Development and Public Transport Accessibility
SG LDP TRAN 4 – New & Existing, Public Roads & Private Access Regimes
SG LDP TRAN 5 – Off-site Highway Improvements
SG LDP TRAN 6 – Vehicle Parking Provision 
(ii)  List of all other material planning considerations taken into account in
the assessment of the application, having due regard to Annex A of
Circular 3/2013. 
  Third Party Representations
  Consultation Reponses
 Planning History 
 ABC Technical Note – Biodiversity (Feb 2017) 
Argyll and Bute proposed Local Development Plan 2 (November 2019) – The
Examination by Scottish Government Reporters to the Argyll and Bute Local
Development Plan 2 has now concluded and the Examination Report has been
published (13th June 2023). The Examination Report is a material consideration of
significant weight and may be used as such until the conclusion of the LDP2
Adoption Process. Consequently, the Proposed Local Development Plan 2 as
recommended to be modified by the Examination Report and the published Non
Notifiable Modifications is a material consideration in the determination of all
planning and related applications. 
Spatial and Settlement Strategy 
Policy 01 – Settlement Areas
Policy 04 – Sustainable Development 
High Quality Places 
Policy 05 – Design and Placemaking
Policy 08 – Sustainable Siting
Policy 09 – Sustainable Design
Policy 10 – Design – All Development 
Connected Places 
Policy 35 – Design of New and Existing, Public Roads and Private Access
Regimes
Policy 36 – New Private Accesses
Policy 37 – Development Utilising an Existing Private Access or Existing Private
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Road
Policy 40 – Vehicle Parking Provision
Policy 41 – Off Site Highway Improvements 
Sustainable Communities 
Policy 61 – Sustainable Urban Drainage Systems (SUDS)
Policy 63 – Waste Related Development and Waste Management 
High Quality Environment 
Policy 71 – Development Impact on Local Landscape Areas (LLA’s)
Policy 73 – Development Impact on Habitats, Species and Biodiversity 
Local Development Plan 2 Schedules 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  ☐Yes No 
(L) Has the application been the subject of statutory pre-application consultation
(PAC):  ☐Yes No 
(M) Has a Sustainability Checklist been submitted:  ☐Yes No 
(N) Does the Council have an interest in the site:  ☐Yes No 
(O) Requirement for a pre-determination hearing: ☐Yes No 
(P)(i) Key Constraints/Designations Affected by the Development:
 N/A 
(P)(ii) Soils
Agricultural Land Classification:  Unclassified Land 
Peatland/Carbon Rich Soils Classification: ☐Class 1
☐Class 2
☐Class 3 
N/A
Peat Depth Classification: N/A  
Does the development relate to croft land? ☐Yes No
Would the development restrict access to croft
or better quality agricultural land?
☐Yes ☐No N/A
Would the development result in fragmentation
of croft / better quality agricultural land?
☐Yes ☐No N/A 
(P)(iii) Woodland
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Will the proposal result in loss of
trees/woodland?
(If yes, detail in summary assessment)
☐Yes
No 
Does the proposal include any replacement or
compensatory planting?
☐Yes
☐No details to be secured by condition
N/A  
(P)(iv) Land Status / LDP Settlement Strategy
Status of Land within the Application  Brownfield
☐Brownfield Reclaimed
☐Greenfield 
ABC LDP 2015 Settlement Strategy 
LDP DM 1 
 Main Town Settlement Area
☐ Key Rural Settlement Area
☐ Village/Minor Settlement Area
☐ Rural Opportunity Area
☐ Countryside Zone
☐ Very Sensitive Countryside Zone
☐ Greenbelt
ABC pLDP2 Settlement Strategy 
Settlement Area
☐Countryside Zone
☐Remote Countryside Zone
☐Helensburgh & Lomond Greenbelt
ABC LDP 2015 Allocations/PDAs/AFAs 
etc: 
Special Built Environment Area (SBEA) –
Pulpit Hill 
ABC pLDP2 Allocations/PDAs/AFAs
etc: 
(P)(v) Summary assessment and summary of determining issues and material
considerations 
Planning permission in principle (PPP) is sought for the erection of a
dwellinghouse at Kellan, Glenmore Road, Oban in Argyll. 
The site lies immediately adjacent to the public road situated to the south of
Kellan.  The site which is within the extended curtilage of Kellan was previously
open garden ground which had been abandoned and incorporates recent
unauthorised excavation works to the rock cliff to the east of the site; this is
evident from the image captured on google street maps dated May 2022.  The
site, although in an elevated position on Pulpit Hill, is surrounded by residential
development; of various sizes and types of construction, some in a linear form
and others sporadically sited. 
The application shows the indicative footprint of the proposed dwellinghouse
situated off the UC53 Glenmore Road. 
Whilst the application is seeking to secure PPP for the site, with the detailed
layout, design and infrastructure details to be addressed by way of a future
application(s) for approval of matters specified in conditions, the site plan shows
the indicative position of a dwellinghouse within the site. 
The site is effectively the extended open ground of Kellan and a modest dwelling
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appropriately sited and designed in terms of potential siting, plot size and
compliance with the existing settlement pattern would effectively terminate the
extent of built development at this location. It is therefore considered that the site
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. The detailed siting, design and finishes
of the proposed dwellinghouse could be secured by way of suitably worded
condition(s) being imposed on the grant of permission.   
It is accepted that this opinion differs materially from the previous refusals on the
site but the current application must be considered on its merits and whilst the
planning history of the site remains a material planning consideration greater
weight must be given to the current and proposed Local Development Plan and
to National Planning Framework 4. 
Notwithstanding the above however, the Council as roads authority have serious
concerns regarding the suitability of the existing access and road network
serving Pulpit Hill. Roads have firmly stated that they are not prepared to allow
any further development of this type in Glenmore Road and that there is no
scope for commensurate road improvements sufficient to outweigh their road
safety concerns. 
Officers have spent considerable time trying to find a solution to this but,
ultimately, it is agreed that a highway safety issue does exist and therefore this
planning application is recommended for refusal on that sole basis. It is accepted
that the applicant takes a wholly different view. His opinions are both noted and
respected. 
NPF4 Policy 1 seeks to prioritise the climate and nature crises in all decisions; it
requires to be applied together with other policies in NPF4. Guidance from the
Scottish Government advises that it is for the decision maker to determine
whether the significant weight to be applied tips the balance in favour for, or
against a proposal on the basis of its positive or negative contribution to climate
and nature crises. 
In this case, given the relatively small scale nature of the development proposed
and its alignment with all other relevant policies in NPF4 and those supporting
policies in the adopted ‘Argyll and Bute Local Development Plan 2015’ (LDP), it
is considered that the development proposed would, in the absence of the
overriding highway safety concerns, be in accordance with the broad aims of
NPF4 Policy 1 as underpinned by LDP Policies STRAT 1, LDP DM 1 and the
adopted Sustainability Checklist and Policies 01 and 04 of pLDP2. 
NPF4 Policy 2 seeks to ensure that new development proposals will be sited to
minimise lifecycle greenhouse gas emissions as far as possible, and that
proposals will be sited and designed to adapt to current and future risks from
climate change. 
Guidance from the Scottish Government confirms that at present there is no
single accepted methodology for calculating and / or minimising emissions. The
emphasis is on minimising emissions as far as possible, rather than eliminating
emissions. It is noted that the provisions of the Settlement Strategy set out within
Policy LDP DM 1 of the LDP promotes sustainable levels of growth by steering
significant development to our Main Towns and Settlements, rural growth is
supported through identification of Key Rural Settlements and safeguards more
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sensitive and vulnerable areas within its various countryside designations. 
It is considered that the proposed development would, in the absence of the
overriding highway safety concerns, be consistent with Policy 2 of NPF4 having
had due regard to the specifics of the development proposed and to the
overarching planning policy strategy outlined within the adopted LDP, notably
policies STRAT 1, LDP DM 1, LDP DM 10 and the adopted Sustainability
Checklist and Policies 01 and 04 of pLDP2. 
NPF4 Policy 3 seeks to protect biodiversity, reverse biodiversity loss and deliver
positive effects from development and strengthen nature networks. 
In the case of the development proposed by this application, it is considered that
there are no issues of compliance with Policy 3. No material biodiversity impacts
have been identified in the assessment of this application by the Planning
Authority and whilst no specific proposals for biodiversity improvements have
been submitted it is considered that adequate and proportionate measures for
biodiversity enhancement and protection could be delivered by planning
condition. Such a condition will be attached to this permission. 
The proposed development is therefore considered to be in compliance with
NPF4 Policy 3 as underpinned by Local Development Plan Policy LDP 3, SG
LDP ENV 1 and Policy 73 of the pLDP2, in the absence of the overriding
highway safety concerns. 
NPF4 Policy 4 seeks to protect, restore and enhance natural assets making
best use of nature-based solutions. 
The development proposed by the current planning application is considered
appropriate in terms of its type, location and scale such that it will have no
unacceptable impact on the natural environment. The proposed development is
not within any designated European site of natural environment conservation or
protection, it is not located within a National Park, a National Scenic Area a SSSI
or RAMSAR site, or a National Nature Reserve.  Neither is it located within a site
designated as a local nature conservation site or landscape area or within an
area identified as wild land. 
The site is located within the Special Built Environment Area (SBEA) of Pulpit Hill
where SBEA’s do not have the presence, continuity or quality of ‘conservation
areas’ but exhibit special built and land form characteristics which should be
safeguarded and promoted when considering development potential and
proposals. 
However, in this instance, subject to a suitably sited and designed
dwellinghouse, details of which could be secured by condition, it is not
considered that the development of the site with a single dwellinghouse would, in
the absence of the overriding highway safety concerns,  have any significant
adverse impact on the land form characteristics and therefore accords with
NPF4 Policy 4 as underpinned by LDP Policies LDP 3, SG LDP ENV 1 and SG
LDP ENV 13 and Policy 71 of pLDP2. 
NPF4 Policy 9 seeks to encourage, promote and facilitate the reuse of
brownfield, vacant and derelict land and empty buildings, and to help reduce the
need for greenfield development. 
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The development proposed by this planning application in on a brownfield site by
virtue of it being the extended open ground of Kellan.  The site is within the
defined Settlement wherein LDP Policies LDP STRAT 1 and LDP DM 1 give
general encouragement to development on appropriate sites, with these main
policy considerations underpinned by the SG contained within SG LDP HOU 1
and SG LDP ENV 14 which offer further support to appropriate scales of
residential development where such development would have no significant
adverse impact upon the character of the landscape and where there is no
unacceptable environmental, servicing or access impact.   
In terms of pLDP2, the site is identified as being within a ‘Settlement Area’ where
Policy 01 gives general support to development provided that it is compatible
with surrounding uses; provides appropriate infrastructure; is of an appropriate
scale and fit for the size of settlement in which it is proposed; and respects the
character and appearance of the surrounding townscape in terms of density,
scale, massing, design, external finishes and access arrangements. 
In this instance the proposal is seeking to secure permission for a single
dwellinghouse in an area of established residential development where it could
fit with the settlement pattern of the area and not give rise to any adverse impact
on the wider landscape setting.  Accordingly, in this instance, it is not considered
that the proposal conflicts with Policy 02 of pLDP2. 
Policy 9 of NPF4 aligns with the settlement strategy of the LDP and emerging
pLDP2 and the current development proposal raises no issue of conflict. 
NPF4 Policy 12 seeks to encourage, promote and facilitate development that is
consistent with the waste hierarchy as defined within the policy document. 
The development the subject of this planning application seeks to establish the
principle of a single dwellinghouse.  Whilst this is a development likely to
generate waste when operational, it would benefit from regular waste uplifts by
the Council and would be expected to comply with our adopted and enforced
recycling and reuse strategy. In this regard, in the absence of the overriding
highway safety concerns, the proposed development is considered to be in
compliance with NPF4 Policy 12 as underpinned by LDP Policies LDP 10 and
SG LDP SERV 5(b) and Policy 63 of pLDP2. 
NPF4 Policy 13 seeks to encourage, promote and facilitate developments that
prioritise walking, wheeling, cycling and public transport for everyday travel and
reduce the need to travel unsustainably. 
The development the subject of this planning application seeks to establish the
principle of a single dwellinghouse.  The application proposes a new vehicular
access of the UC 53 Glenmore Road.   
Part (b) of Policy 13 sets out that development proposals will be supported
where it can be demonstrated that the transport requirements generated have
been considered in line with the sustainable travel and investment hierarchies
and where appropriate they: 
i. Provide direct, easy, segregated and safe links to local facilities via walking,
wheeling and cycling networks before occupation;
ii. Will be accessible by public transport, ideally supporting the use of existing
services;
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iii. Integrate transport modes;
iv. Provide low or zero-emission vehicle and cycle charging points in safe and
convenient locations, in alignment with building standards;
v. Supply safe, secure and convenient cycle parking to meet the needs of
users and which is more conveniently located than car parking;
vi. Are designed to incorporate safety measures including safe crossings for
walking and wheeling and reducing the number and speed of vehicles;
vii. Have taken into account, at the earliest stage of design, the transport needs
of diverse groups including users with protected characteristics to ensure
the safety, ease and needs of all users; and
viii. Adequately mitigate any impact on local public access routes. 
Part (g) of Policy 13 states that development proposals that have the potential to
affect the operation and safety of the Strategic Transport Network will be fully
assessed to determine their impact. Where it has been demonstrated that
existing infrastructure does not have the capacity to accommodate a
development without adverse impacts on safety or unacceptable impacts on
operational performance, the cost of the mitigation measures required to ensure
the continued safe and effective operation of the network should be met by the
developer. New junctions will only be considered if they are designed in
accordance with relevant guidance and where there will be no adverse impact on
road safety or operational performance. 
NPF4 Policy 13 is underpinned at local level by LDP Policy LDP 11 which sets
out a requirement that an appropriate standard of access is delivered to serve
new developments, including off-site highway improvements where appropriate. 
This requirement is specified in more detail within LDP Policy SG LDP TRAN 4
(1) and Policy 36 of pLDP2 which sets out acceptance of development that
proposes new private access regimes which are subject to road safety and street
design issues being addressed which will only be accepted if: 
(i) The new private access forms an individual private driveway serving a
single user development, which does not, in the view of the planning
authority, generate unacceptable levels of pedestrian or vehicular
traffic in terms of the access regime provided; or 
(ii) The private access serves a housing development not exceeding 5
dwelling houses; or 
(iii) The private access serves no more than 20 units in a housing court
development. 
The Council’s Area Roads Authority was consulted on the proposal and a refusal
was recommended. The Roads Authority have advised that they will not support
any further new development to be served by the public road at this location due
to unsuitability of the restricted road to take additional traffic. 
The Roads Authority have further advised the in 2012 the Council Roads
Department carried out studies and inspections on traffic issues on Glenmore
Road and Crannag a Mhinisteir at the behest of the Oban Lorn and The Isles
Area Committee due to complaints and concerns that local elected members had
received from the community in respect of road safety.  The study looked at
various issues but predominantly centred around turning Glenmore Road and
Crannag a Mhinisteir into a one way system and providing a footway for
pedestrian safety. The Roads Authority have advised that the one way system
option was dismissed by Members on various grounds so the decision was taken
at that point by the Roads Authority to try to control the increase in numbers of
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vehicle movements over these roads by refusing to support any further new
development proposals that would increase traffic on the roads. 
It is generally acknowledged that the public roads serving the Pulpit Hill area
have steep gradients and are barely wide enough in places for two way traffic. In
places this is exacerbated by walls and hedges close to the road edge. 
The provisions of LDP Policy SG LDP TRAN 5 and Policy 41 of pLDP2 set out
that where development will significantly increase vehicular or pedestrian traffic
on substandard public approach roads, then developments will be required to
contribute proportionately to improvements to the public road network. In this
instance the review undertaken by the Council’s Roads Service in 2012 has
already concluded that in the absence of a one way system being introduced,
the wider road network does not have capacity to accommodate additional
vehicular or pedestrian traffic generating uses and as such the applicant is not in
a position to address the fundamental shortcomings in the public approach road
in a manner that would be practical or proportionate to the development
proposed. 
The proposed development of the site by the erection of a dwellinghouse
constitutes a material intensification of the use of an existing and constrained
access regime. The proposed development is therefore considered to have a
significant adverse impact upon highway safety. No appropriate commensurate
or offsite highway improvements have been identified sufficient to set aside
these safety concerns.  The proposal is considered to be contrary to the NPF4
Policy 13(g) as underpinned by LDP Policies LDP 11, SG LDP TRAN 4(1), SG
LDP TRAN 5 and Policies 36 and 41 of pLDP2. 
NPF4 Policy 14 seeks to encourage, promote and facilitate well designed
development that makes successful places by taking a design-led approach and
applying the ‘Place Principle’. 
The development the subject of this planning application seeks to establish the
principle of a single dwellinghouse and therefore, at this stage, no specific
design has been submitted for assessment by the Planning Authority.  If granted,
the necessary future application(s) for the approval of the details of the proposed
development would be expected to comply with the ‘place principle’ as set out in
NPF4 Policy 14 and planning conditions attached to any permission in principle
would ensure that the development is designed to an appropriate standard. 
In this regard, the development the subject of this planning application is, in the
absence of the overriding highway safety concerns, considered to be in
accordance with the broad aims of NPF4 Policy 14 as underpinned by LDP
Policies LDP 9 and SG LDP Sustainable Siting and Design Principles and
Policies 08, 09 and 10 of pLDP2. 
NPF4 Policy 15 seeks to encourage, promote and facilitate the application of the
‘Place Principle’ and create connected and compact neighbourhoods where
people can meet the majority of their daily needs within a reasonable distance of
their home, preferably by walking, wheeling or cycling or using sustainable
transport options. 
In terms of our adopted settlement strategy, the site of the proposed
development is within the defined Main Town Key Settlement of Oban where
LDP Policies LDP STRAT 1 and LDP DM 1 give general encouragement to
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development on appropriate sites.  These main policy considerations are
underpinned by the SG contained within SG LDP HOU 1 and SG LDP ENV 14
which offer further support to appropriate scales of residential development
where such development would have no significant adverse impact upon the
character of the landscape and where there is no unacceptable environmental,
servicing or access impact.   
It is considered that the small scale of the proposed development and its location
would, in the absence of the overriding highway safety concerns, reasonably
comply with Policy 15 of NPF4 given the existing dispersed geographical scale
of the environment within which the development is to be located, and given its
compliance with the existing settlement pattern and the geographic relationship
of the proposed development with the surrounding area where people can
reasonably meet the majority of their daily needs within a reasonable distance of
their home. This is underpinned by the broad settlement strategy policy
contained within Policies LDP DM 1, LDP 8, LDP 10 and LDP 11 of the LDP and
Policy 02 of pLDP2. 
NPF4 Policy 16 seeks to encourage, promote and facilitate the delivery of more
high quality, affordable and sustainable homes in the right locations and
providing choice of tenure to meet diverse housing needs. 
Policy 16 supports development proposals for new homes that improve choice,
including at Policy 16(c) ‘self-provided homes’. It is considered that this
application to establish the principle of a single self-build home would accord
with the broad policy aims of NPF4 Policy 16 and would be in a location
underpinned by our adopted settlement strategy policies. 
The development proposed by this planning application falls well below the
adopted threshold for a requirement to provide 25% affordability. 
The need in Policy 16(f) to ensure that development proposals for an agreed
timescale for build-out could be covered through the use of a planning condition. 
Whilst the development proposed by this planning application is on land not
actively allocated for housing in the LDP, it would wholly accord with the adopted
settlement strategy and would accord with the principles of ‘local living’ and ’20
minute neighbourhoods’.   The proposed development, in the absence of the
overriding highway safety concerns, is therefore deemed consistent with NPF4
Policy 16 as underpinned by LDP policies LDP DM 1, LDP 8 and SG LDP HOU
1 and Policy 05 and 67 of pLDP2. 
NPF4 Policy 18 seeks to encourage, promote and facilitate an infrastructure first
approach to land use planning etc. 
The development the subject of this planning application proposes connection to
the public water and drainage infrastructure to which Scottish Water raised no
objection advising that the development will be serviced from the Tullich Water
Treatment Works and the Oban Waste Water Treatment Works.  Scottish Water
do advise that they are unable to confirm capacity and advise the Applicant to
submit a Pre-Development Enquiry for consideration. The proposal is, in the
absence of the overriding highway safety concerns, considered consistent with
the broad aims of NPF4 Policy 18 as underpinned by LDP policy LDP DM 11
and Policies 05 and 08 of pLDP2 which seek to ensure suitable infrastructure is
available to serve proposed developments. 
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NPF4 Policy 22 seeks to strengthen resilience to flood risk and to ensure that
water resources are used efficiently and sustainably. 
As detailed at NPF4 Policy 18 above, the development the subject of this
planning application proposes connection to the public water main to which
Scottish Water raised no objection.  The proposal is, in the absence of the
overriding highway safety concerns, considered to be consistent with NPF4
Policy 22 as underpinned by LDP Policies LDP 10 and SG LDP SERV 2 and
Policy 61 of pLDP2. 
Accordingly, notwithstanding the above assessment that the proposed site for
the erection of a single dwellinghouse could be accommodated within the site
without any significant adverse visual impact on the site or the wider landscape
within which it is proposed, a suitable access regime, including improvement of
substandard public approach roads, to serve the proposed development cannot
be achieved.     
(Q) Is the proposal consistent with the Development Plan: ☐Yes No 
(R) Reasons why Planning Permission in Principle Should be Refused: 
See reasons for refusal below. 
(S) Reasoned justification for a departure to the provisions of the Development
Plan 
N/A 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
☐Yes No   
Author of Report: Judith Stephen Date: 14.02.2024 
Reviewing Officer: Peter Bain Date: 15.02.2024 
Fergus Murray
Head of Development & Economic Growth 
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REASONS FOR REFUSAL RELATIVE TO APPLICATION REF. NO. 23/01163/PP 
1. The proposed development conflicts with NPF4 Policy 13, and Policies LDP 11, SG
LDP TRAN 4 and SG LDP TRAN 5 of the adopted ‘Argyll and Bute Local Plan’ 2015
and Policies 37 and 41 of emerging proposed ‘Local Development Plan 2’ as the
proposed development would result in the intensification in vehicular use of a sub-
standard public approach road with no delineation between pedestrian or vehicular
use.   
The proposed development of the site by the erection of a dwellinghouse constitutes
a material intensification of the use of an existing and constrained public approach
road. The proposed development is therefore considered to have a significant
adverse impact upon highway safety. No appropriate commensurate or offsite
highway improvements have been identified sufficient to set aside these safety
concerns.  The proposal is considered to be contrary to the NPF4 Policy 13(g) as
underpinned by LDP Policies LDP 11, SG LDP TRAN 4(1), SG LDP TRAN 5, and
Policy 36 and Policy 41 of pLDP2. 
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APPENDIX TO DECISION REFUSAL NOTICE 
Appendix relative to application 23/01163/PPP 
(A) Has the application been the subject of any “non-material”
amendment in terms of Section 32A of the Town and Country
Planning (Scotland) Act 1997 (as amended) to the initial
submitted plans during its processing.
☐Yes No 
(B) The reason why planning permission has been refused: 
See reasons for refusal set out above. 
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Appendix 2 
Image captured on Google street maps dated May 2022 Relative to 23/01163/PP 
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Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office (C) Crown Copyright 2005
Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or Civil Proceedings.
OS License No. XYZ123ABC
Location Plan Relative to: 24/0010/LRB
O
1:1,250
Application Site
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1 
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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3 
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
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