Responses by consultees to Planning Application 23/00488/PP

Mary Braithwaite made this Freedom of Information request to Argyll and Bute Council Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was partially successful.

Mary Braithwaite

Dear Argyll and Bute Council,

Kilmartin Museum has twice now submitted a planning application - the first in 2018, the second in 2023 - to build a car park on Glebe Field, very close to Scheduled Monuments and major archaeological sites. In both cases they have withdrawn their planning application, before all the consultee reports have been published. In relation to the recent application, only the highly-critical report of Roads and Infrastructure Services, which refused their application, is published online. This highlights a significant number of problems and safety risks associated with the application, and also notes that 'It is disappointing that the applicant has failed to address any of the points raised by Roads and Infrastructure Services' in 2018. WoSAS and Historic Scotland identified major problems and issues with the 2018 application, which may have been repeated in the 2023 application. Twice now, Kilmartin Museum has wasted the time and resources of public organisations and of local people in Kilmartin, who have carefully analysed the planning application, discussed its failings and implications, and commented on it. It is therefore fair - and essential - that everyone is informed fully about the reasons for this planning application being criticised, rejected and withdrawn.

In view of the above, this is a request to Argyll & Bute Council to provide digital copies of all the consultee reports and opinions on Planning Application 23/00488/PP, notably those from the various bodies addressing the constraints, ie Conservation Area, SEPA Flood Zones, Regional Scenic Area, Core Paths and the Archaeological Consultation submissions from WoSAS and Historic Environment Scotland. This will provide concerned parties with useful and important information, and hopefully avoid a repetition of an erroneous planning application being drawn up and submitted for building works in this location.

Yours faithfully,

Mary Braithwaite

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FOI team

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Administrator,

ο»Ώ
Dear Mary Braithwaite

Request for information: Responses by consultees to Planning Application
23/00488/PP

Thank you for your information request which we have logged as reference
argyllbuteir:16055.

It has been passed to the relevant service(s) for attention and you should
receive a response under either the Freedom of Information (Scot) Act 2002
or the Environmental Information (Scotland) Regulations 2004 by 2023-08-02
00:00:00. We hope to respond within this timescale but some requests may
take little longer.

Please quote the reference number above in any correspondence you may have
with the Council in regard to this request.

Regards

FOI Officer

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PlanningPerformance, Argyll and Bute Council

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Classification: OFFICIAL

Dear Ms Braithwaite

Β 

Request for information: Responses by consultees to Planning Application
23/00488/PP

Reference: argyllbuteir:16055

Β 

I refer to your request for information which was dealt with in terms of
the Environmental Information (Scotland) Regulations 2004 (EIRs).

Β 

I have to advise that this information is otherwise accessible to you at
[1]23/00488/PP | Formation of car park, vehicular access and associated
works | Land North Of Kilmartin Museum And Cafe Kilmartin Lochgilphead
Argyll And Bute (argyll-bute.gov.uk) and I therefore must refuse your
request in terms of Regulation 6(1)(b) of the EIRs. To further assist the
consultees for application 23/00488/PP where Roads, Flood Risk and Dunadd
Community Council responses from all three consultees are available at the
above link via the documents tab. You can enter β€˜Consultee Response’ into
the documents search functionality to highlight the documents for you. Β 

Β 

If you are dissatisfied with the way in which your request for information
has been dealt with you are entitled to request a review by writing to the
Executive Director Customer Services, Argyll and Bute Council, Kilmory,
Lochgilphead, Argyll PA31 8RT, or by email to [2][Argyll and Bute Council request email]. Β 

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Β 

Yours sincerely

Β 

Abby McLean

Β 

Planning Performance

Development Management

Development and Economic Growth
Argyll and Bute Council

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Mary Braithwaite

Dear Argyll and Bute Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Argyll and Bute Council's handling of my FOI request 'Responses by consultees to Planning Application 23/00488/PP'.

I have been told that the information requested is already available, but this is not correct. Most of the reports from statutory consultees addressing the constraints of the planning application are not available on the Council's Planning web site, including the important reports from WoSAS and Historic Scotland. Given the high archaeological sensitivity of the planning application, it is in the public interest for these reports to provided.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...

Yours faithfully,

Mary Braithwaite

foi, Argyll and Bute Council

Classification: OFFICIAL

Dear Ms Braithwaite,

I refer to your email of 12th July and can confirm your request has been opened for review. The due date for our response is 9th August 2023.

Many Thanks

Alison McGinty
Compliance & Regulatory Officer
Legal and Regulatory Support
Argyll and Bute Council
Kilmory
Lochgilphead
PA31 8RT

01546 604057

show quoted sections

Hendry, Douglas, Argyll and Bute Council

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Classification: OFFICIAL

Dear Ms Braithwaite

Β 

Environmental Information (Scotland) Regulations 2004 (EIR’s)

Regulation 16 review - argyllbuteir:16055

Β 

I refer to your email of 12 July 2023 in which you requested a review of
how we dealt with your request for information dated 5 July. I note that
the response was sent within the 20 working day timescale on 12 July.

Β 

I’ve reviewed your request, the response and your request for review and
sought further information from planning services.

Β 

They have confirmed that all the consultee responses that had been
submitted prior to the withdrawal of the application are on the website
and explained that at the time when the application was withdrawn nothing
had been submitted by either WoSAS or Historic Scotland. As such, refusing
your request in terms of Regulation 6(1)(b) was correct.

Β 

That said, they have provided me with a link to an earlier application
from 2018 (18/01921/PP) where both WoSAS and Historic Scotland submitted a
representation that may be of interest to you
[1]https://publicaccess.argyll-bute.gov.uk/...

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Β 

Regards
Douglas HendryΒ 

Β 

Douglas Hendry, Executive Director

Monitoring Officer / IJB Standards Officer

Β 

Kilmory, Lochgilphead, Argyll, PA31 8RT

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Privileged/Confidential Information may be contained in this message. If
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delivery of the message to such person), you may not disclose, copy or
deliver this message to anyone and any action taken or omitted to be taken
in reliance on it, is prohibited and may be unlawful.

In such case, you should destroy this message and kindly notify the sender
by reply email. Opinions, conclusions and other information in this
message that do not relate to the official business of Argyll and Bute
Council or LiveArgyll shall be understood as neither given nor endorsed by
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All communications sent to or from Argyll and Bute Council or LiveArgyll
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This email has been scanned for viruses, vandals and malicious content.

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Dear Douglas Hendry,

Thank you very much for responding to my request in a timely manner and explaining the reason why the information cannot be provided. Thank you also for the link to the 2018 planning application.

Yours sincerely,

Mary Braithwaite