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Dismissed4 December 20233308287

Papermill Cottage, Leigh Lane, St Catherine, Bath, Bath and North East Somerset, BA1 8HG

Planning appeal 3308287 at Papermill Cottage, Leigh Lane, St Catherine, Bath, Bath and North East Somerset, BA1 8HG (Bath and North East Somerset Council) was dismissed on 4 December 2023 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: Appeal A: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded.

a new vehicular entrance and car parking spaces in the garden of Papermill Cottage. Summary

Authority
Bath and North East Somerset Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Moss J
Postcode
BA1 8HG

Main issues, as the Inspector framed them

  • Appeal A: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded.
  • Appeal B: The effect of the proposed development on the character and appearance of the site and surrounding area, with particular regard to the site's location within the National Landscape.

What decided it

Appeal A: The material change of use resulting from the shepherd's hut being brought onto the site in 2020 and let as a holiday let extinguished the lawful use rights that had accrued. Appeal B: The harm to the character and appearance of the National Landscape caused by hedgerow removal and the introduction of parking facilities outweighed any benefits of the scheme.

What the Inspector cited

Development plan policies
Policy D1 (General Urban Design Principles)Policy D2 (Local Character and Distinctiveness)Policy NE2 (Conserving and Enhancing the Landscape and Landscape Character)Policy D4 (Streets and Spaces)Policy D5 (Building Design)Policy D3 (Urban Fabric)

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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More decisions in Bath and North East Somerset

The authority’s record since 2016 · every decision in 2023

  1. Dismissed13 July 20266002997
    Land Between 92 And 106, London Road West, Lower Swainswick, Bath, BA1 7DA
  2. Notice varied and upheld12 March 20263348631
    Paper Mill Cottage, St. Catherine, Bath, BA1 8HG
  3. Dismissed9 March 20263347411
    Three Ways Station Road, Clutton, Bristol, BS39 5PD
  4. Allowed17 December 20256000631
    6 Southdown Avenue, Southdown, Bath, BA2 1HY
  5. Allowed4 November 20253366986
    105 Holcombe Close, Bathampton, Bathampton, BAth and North East Somerset, BA26UR

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.