Amenity Land Opposite Fernside, Deadmill Lane, Lower Stainswick, Bath, BA1 6TA

development of 2 detached dwellings

Authority: Bath and North East Somerset Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Cuthbert L

Main issues, as the Inspector framed them

whether the proposal is inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies, taking into account the effect of the proposal on the openness of the Green Belt
the effect of the proposal on the character and appearance of the area, having particular regard to the effect on the significance of the Bath Conservation Area and the City of Bath World Heritage Site as designated heritage assets through development in it and within its setting, and the non-designated heritage asset known as Dead Mill, through development within its setting
the effect of the development on highway safety, with specific regard to pedestrian and vehicular access, and parking provision
the effect of the proposed development on protected species, most notably bats, badgers and reptiles, including whether the proposal would involve the net loss of biodiversity
whether surface water from the development site would be adequately dealt with
whether the proposal would make adequate provision for sustainable construction standards
the effect of the proposed development on trees
if the proposal is inappropriate development, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The proposal is inappropriate development in the Green Belt that would harm openness, character and appearance, heritage significance, highway safety, trees and protected species, and the identified harms are not clearly outweighed by the moderate benefits of housing delivery.

The moderate economic and social benefits of providing 2 new dwellings and contributing to housing supply do not clearly outweigh the substantial harm to the Green Belt by reason of inappropriateness, the less than substantial harm to the significance of the Bath Conservation Area and World Heritage Site, the minor harm to the non-designated heritage asset Dead Mill, and the other identified harms to highway safety, trees and protected species.

Framework references: 11, 142, 153, 154, 155, 208, 209

Plan policies cited: Policy CP8 of the Bath and North East Somerset Core Strategy (July 2014), Policy B1 of the Bath and North East Somerset Placemaking Plan (2017), Policy B4 of the Core Strategy, Policy CP6 of the Core Strategy, Policy D1 of the Placemaking Plan, Policy D2 of the Placemaking Plan, Policy D3 of the Placemaking Plan, Policy D7 of the Placemaking Plan, Policy GB1 of the Placemaking Plan, Policy NE2A of the Placemaking Plan, Policy HE1 of the Placemaking Plan, Policy NE2 of the Local Plan Partial Update for Bath and North East Somerset Council (January 2023), Policy D5 of the Local Plan Partial Update, Policy NE6 of the Local Plan Partial Update, Policy ST1 of the Local Plan Partial Update, Policy ST7 of the Local Plan Partial Update, Policy NE3 of the Local Plan Partial Update, Policy NE3A of the Local Plan Partial Update, Policy CP5 of the Core Strategy, Policy SCR6 of the Local Plan Partial Update

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.