45 St. James's Park, Lansdown, Bath, BA1 2SX

Planning appeal 3373977 at 45 St. James's Park, Lansdown, Bath, BA1 2SX (Bath and North East Somerset Council) was dismissed on 13 July 2026 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded with particular regard to whether the proposal amounts to a material change of use under section 55 of the Act and whether planning permission is required for it.

the reversion of the property from a studio flat and maisonette back into a single dwellinghouse

Authority: Bath and North East Somerset Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Hartley D
Postcode: BA1 2SX

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded with particular regard to whether the proposal amounts to a material change of use under section 55 of the Act and whether planning permission is required for it

What decided it

The net loss of one residential unit in the context of a very poor housing land supply position (2.5 years deliverable supply against a 5.0-year requirement) and acute housing need constitutes a material planning consequence that engages planning control.

What the Inspector cited

Development plan policies: Policy H5 of the Bath and North East Somerset Local Plan 2011-2029
Judgments: R (oao) The Royal Borough of Kensington and Chelsea v (1) Secretary of State for Communities and Local Government (2) David Reis (3) Gianna Tong [2016] EWHC 1785 (Admin)

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.

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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.