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Planning appeal decision

Notice varied and upheld1 October 20213275385

Parcel 4481 Ramscombe Lane , Batheaston , Bath , BA1 8EP

Planning appeal 3275385 at Parcel 4481 Ramscombe Lane , Batheaston , Bath , BA1 8EP (Bath and North East Somerset Council) was allowed in part (a split decision) on 1 October 2021 by Inspector Harwood A, by written representations. The main issue, as the Inspector framed it: Whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and relevant development plan policies.

without planning permission the erection of two detached buildings

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
agricultural · Other minor developments
Inspector
Harwood A

Main issues, as the Inspector framed them

  • Whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and relevant development plan policies
  • The effect on the openness of the Green Belt
  • If there would be harm by reason of inappropriateness and openness, would that be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal

What decided it

The building is used substantially for social and leisure purposes rather than purely for agriculture, making it inappropriate development in the Green Belt that causes harm to openness, with no very special circumstances to justify it.

The substantial weight given to harm from inappropriateness and harm to openness of the Green Belt was not clearly outweighed by any other considerations, so very special circumstances did not exist.

What the Inspector cited

Development plan policies
CP8RE2
Judgments
R. (on the application of Lee Valley Regional Park Authority) v Epping Forest District Council and Valley Grown Nurseries Ltd [2016] EWCA Civ 404

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Bath and North East Somerset

The authority’s record since 2016 · every decision in 2021

  1. Allowed19 August 20266005916
    Parcel 1643 Middle Piece Lane, Burnett, Keynsham, BS31 2ED
  2. Dismissed9 July 20266008028
    Blossom Manor, Palmers Lane Tunley, Bath, BA2 0DZ
  3. Dismissed30 June 20266006198
    561 Bath Road, Saltford, BS31 3JS
  4. Allowed13 May 20266001384
    2 Culverhay, Compton Dando, Bristol, BS39 4LQ
  5. Notice varied and upheld12 May 20263349091
    Norton Lane Barn Norton Lane, Wellow, Bath, BA2 8QR

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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