Inveraray Notice of Review
Argyll and Bute Council · 10 May 2023
Back to Argyll and Bute Local Review Body — 10 May 2023 and its agenda
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ARGYLL AND BUTE COUNCIL WWW.ARGYLL-BUTE.GOV.UK/** NOTICE OF REVIEW Notice of Request for Review under Section 43(a)8 of the Town and Country Planning (Scotland) Act 1997 and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 Important – Please read the notes on how to complete this form and use Block Capitals. Further information is available on the Council’s Website. You should, if you wish, seek advice from a Professional Advisor on how to complete this form. (3) Do you wish correspondence to be sent to you or your agent (4) (a) Reference Number of Planning Application (b) Date of Submission (c) Date of Decision Notice (if applicable) (5) Address of Appeal Property (1) APPLICANT FOR REVIEW Name Address Postcode Tel. No. Email (2) AGENT (if any) Name Address Postcode Tel. No. Email Mr I MacArthur Lochside Isle of Tiree PA77 6XJ Duncan Macleman Ormonde ADPM 10 James Street Avoch IV9 8QB 07717572958 ormonde.adpm@btinte rnet.com OFFICIAL USE Date Received Ref: AB1 x 20/01901/PPP 20/10/2020 17/02/2023 Land North of Swallowtail Inveraray Argyll & Bute 26.03.2023
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(6) Description of Proposal (7) Delegated Refusal Please set out the detailed reasons for requesting the review:- On behalf of Mr I MacArthur, I am requesting a review for the following reasons: 1. The application site falls within an area designated for Housing in the Local Plan 2. The site is brownfield redevelopment and should be supported as it does not mean development in greenfield areas 3. Refusal reason is due to the current access which serves 5 properties. Transport Scotland refused permission even though in their response to Jenni Minto, they clearly state the addition of one housing unit will have little or no impact. 4. The junction is deemed as safe with no recorded accidents. 5. Transport Scotland approved the use of the this access for slow moving HGV vehicles for forestry and mining operations. This shows a degree of hypocricy. 6. It has been established that Argyll and Bute Planning could have over-ruled Transport Scotland's objection and granted Planning Permission. A report was commissioned by Mr MacArthur to compliment the application and assist in demonstrating the access junction was safe, This was ignored by Transport Scotland and Argyll & Bute Planning. 7. The length taken, and number of Planning Officers assigned to this case has been extremely disconcerting and upsetting for my client. It has taken the best part of 3 years to come the decision to refuse.
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(8) If the Local Review Body determines that it requires further information on “specified matters” please indicate which of the following procedure you would prefer to provide such information :- (a) Dealt with by written submission (b) Dealt with by Local Hearing (c) Dealt with by written submission and site inspection (d) Dealt with by local hearing and site inspection NB It is a matter solely for the Local Review Body to determine if further information is required and, if so, how it should be obtained. (9) Please list in the schedule all documentation submitted as part of the application for review ensuring that each document corresponds to the numbering in the sections below:- Schedule of documents submitted with Notice of Review (Note: 3 paper copies of each of the documents referred to in the schedule below must be attached): No. Detail 1 Refusal Notice 2 Refused Drawings Pack 3 Transport Statement 4 Various Email Correspondence 5 6 7 8 9 10 If insufficient space please continue on a separate page. Is this is attached? (Please tick to confirm) x
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Submitted by (Please Sign) Dated Important Notes for Guidance 1. All matters which the applicant intends to raise in the review must be set out in or accompany this Notice of Review 2. All documents, materials and evidence which the applicant intends to rely on in the Review must accompany the Notice of Review UNLESS further information is required under Regulation 15 or by authority of the Hearing Session Rules. 3. Guidance on the procedures can be found on the Council’s website – www.argyll-bute.gov.uk/ 4. If in doubt how to proceed please contact 01546 604392/604269 or email localreviewprocess@argyll-bute.gov.uk 5. Once completed this form can be either emailed to localreviewprocess@argyll-bute.gov.uk or returned by post to Committee Services (Local Review Board), Kilmory, Lochgilphead, Argyll, PA31 8RT 6. You will receive an acknowledgement of this form, usually by electronic mail (if applicable), within 14 days of the receipt of your form and supporting documentation. If you have any queries relating to the completion of this form please contact Committee Services on 01546 604392/604269 or email localreviewprocess@argyll-bute.gov.uk For official use only Date form issued Issued by (please sign) 24/03/2023