®Planning appeal decision
Amenity Land Opposite Fernside, Deadmill Lane, Lower Stainswick, Bath, BA1 6TA
Planning appeal 3324673 at Amenity Land Opposite Fernside, Deadmill Lane, Lower Stainswick, Bath, BA1 6TA (Bath and North East Somerset Council) was dismissed on 29 February 2024 by Inspector Cuthbert L, by written representations. The main issue, as the Inspector framed it: 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.
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
- Postcode
- BA1 6TD
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.
What the Inspector cited
- Development plan policies
- 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 StrategyPolicy CP6 of the Core StrategyPolicy D1 of the Placemaking PlanPolicy D2 of the Placemaking PlanPolicy D3 of the Placemaking PlanPolicy D7 of the Placemaking PlanPolicy GB1 of the Placemaking PlanPolicy NE2A of the Placemaking PlanPolicy HE1 of the Placemaking PlanPolicy NE2 of the Local Plan Partial Update for Bath and North East Somerset Council (January 2023)Policy D5 of the Local Plan Partial UpdatePolicy NE6 of the Local Plan Partial UpdatePolicy ST1 of the Local Plan Partial UpdatePolicy ST7 of the Local Plan Partial UpdatePolicy NE3 of the Local Plan Partial UpdatePolicy NE3A of the Local Plan Partial UpdatePolicy CP5 of the Core StrategyPolicy SCR6 of the Local Plan Partial Update
- National Planning Policy Framework
- Paragraph 11Paragraph 142Paragraph 153Paragraph 154Paragraph 155Paragraph 208Paragraph 209
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 appliedThe 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.