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Planning appeal decision

Dismissed15 October 20213275752

Land at Westwood , Elms Cross, Nr Bradford-on-Avon, Bath , BA15 2AL

Planning appeal 3275752 at Land at Westwood , Elms Cross, Nr Bradford-on-Avon, Bath , BA15 2AL (Wiltshire Council) was dismissed on 15 October 2021 by Inspector O'Doherty A, by written representations. The main issue, as the Inspector framed it: whether the building operations proposed would be reasonably necessary for the building to function as a dwellinghouse.

described as, “Class Q conversion of agricultural building

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
O'Doherty A
Postcode
BA15 2AL

Main issues, as the Inspector framed them

  • whether the building operations proposed would be reasonably necessary for the building to function as a dwellinghouse
  • whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change use, with particular reference to the provision of private amenity space

What decided it

The structural report's lack of interior analysis of the timber condition and failure to demonstrate adequate assurance that the building could withstand likely loads in its exposed location meant the building operations could not be deemed reasonably necessary for residential use.

What the Inspector cited

Judgments
Hibbitt v SSCLG [2016] EWHC 2853

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.

See how each was applied

The decision letter

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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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