PLANNING permission in principle has been refused for a proposed house in Kilcreggan – more than two years after the application was first made.
The proposal, by a Mr K McGechie for land west of 1 Portkil on Fort Road, was first validated by Argyll and Bute Council planning officers during the summer of 2022.
No representations – expressing support or objection – were received from the public, but the authority has now issued a refusal.
The council said that the proposed development “would prejudice matters of road safety and it would cause a risk to human health by reason of flooding”.
An officer said in a handling report: “In a final attempt to progress the matter, the council emailed the agent on August 2, 2023 to state the following: ‘The roads response (which can be viewed on the portal and you may have seen) states that the application should be refused because the current condition of Fort Road is deemed to be below the minimum standard for accessing more than six homes.
“’The road requires to be brought up to adoptable standard before any further proposals will be approved.
“It may be in the future you can reapply if the road situation is resolved as the proposal in respect to other matters is acceptable.
“The substantial off-site road improvements are not something we can reasonably condition or require for such a small-scale proposal.
“’I was wondering if you are able to confirm in writing that you are happy for the application to be withdrawn. Otherwise we will determine the application in due course and it will be written up for refusal (unless anything changes with regard to the road) and a refusal would allow you to have right of appeal’.
“The agent requested that the application be put on ‘hold’ to allow time for the roads issue in relation to the upgrade of Fort Road was resolved.
“The applicant has been informed that we cannot hold on to this application indefinitely and there is also the additional significant matter of flooding.”
The officer added: “On this basis, and in the matter of roads and in the evidential context, it is therefore concluded that the proposal would fail to comply with policies… on the ground that it would prejudice road safety matters.
“In respect of flooding, and given that the council must adopt a precautionary approach in respect of such matters, it is therefore concluded that the proposal would fail to comply with [policies].”
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