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Planning appeal decision

Dismissed14 March 20253349501

Parcel 4234, Combe Hay Lane, Bath, Bath and North East Somerset, BA2 2DY

(i) Outline application for Phases 3 and 4 for up to 290 dwellings; landscaping; drainage; open space; allotments; footpaths and emergency access; all matters reserved, except access from Combe Hay Lane via the approved Phase 1 spine road (details of internal roads and footpaths reserved); (ii) Detailed application for the continuation of the spine road (from Phase 1), to and through Sulis Manor and associated works comprising: the demolition of existing dilapidated buildings and tree removal; drainage; landscaping; lighting; boundary treatment; and, the erection of 4 x Bat Night Roosts; to enable construction of the spine road; with the ecologic mitigation on Derrymans and the field known as 30 Acres (edged blue on the Location Plan)

Authority
Bath and North East Somerset Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Gilbert-Wooldridge T

Main issues, as the Inspector framed them

  • the effect of the proposed development on the Cotswolds National Landscape
  • the effect of the proposed development on the significance and setting of the City of Bath and the Great Spa Towns of Europe World Heritage Site, Wansdyke Scheduled Monument, South Stoke Conservation Area, the Grade II listed building known as Cross Keys Inn, and the non-designated heritage asset known as Sulis Manor
  • the effect of the proposed development on placemaking principles with specific regard to pedestrian/cycle links, mixed-use development, and the comprehensive masterplan
  • the effect of the proposed development on trees
  • the effect of the proposed development on traffic
  • the overall planning balance, having regard to the development plan and any proposed benefits

What decided it

The unmitigated and significant adverse effect on the Cotswolds National Landscape, causing conflict with CS Policy B3a's placemaking requirements and its cap of around 300 dwellings, outweighed the substantial housing benefits.

the substantial benefits of housing and affordable housing delivery were outweighed by the substantial harm to the Cotswolds National Landscape and the conflict with CS Policy B3a and national landscape policy, such that adverse effects outweighed benefits and the proposal conflicted with the development plan as a whole

Framework references: 11, 96, 98, 115, 116, 118, 130, 189, 190, 212, 213, 215, 216

Plan policies cited: CS Policy B3a, CS Policy B4, PMP Policy NE2, PMP Policy HE1, PMP Policy D1, PMP Policy D3, PMP Policy ST1, PMP Policy ST7, PMP Policy NE6

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.