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Planning appeal decision

Dismissed13 July 20266002997

Land Between 92 And 106, London Road West, Lower Swainswick, Bath, BA1 7DA

the erection of 6 no. residential dwellings (Use Class C3) and associated infrastructure

Authority
Bath and North East Somerset
Appeal type
minor · Planning
Procedure
Written
Development
residential
Postcode
BA1 7DA

Main issues, as the Inspector framed them

  • The effect of the proposal on the character and appearance of the area, having particular regard to the sites location within the world heritage site and within a conservation area
  • The effect of the development on green infrastructure
  • The risk of flooding
  • Whether the proposal provides an appropriate mix of housing
  • Whether an appropriate level of car parking is proposed
  • The effect on biodiversity

What decided it

The combination of unresolved flood risk concerns (failure of the sequential test and displacement of flood water affecting other properties) and insufficient evidence to rule out significant harm to protected species and their habitat, which together engage Framework policies providing strong reasons for refusal that displace the presumption in favour of sustainable development.

The economic benefits of construction and post-occupation expenditure, the delivery of new housing to address the identified shortfall, and the construction to environmental standards were insufficient to outweigh the harm to character and appearance, green infrastructure, flood risk, housing mix, parking provision, and biodiversity, and the consequent conflict with the development plan.

Framework references: 11, 170, 173, 174

Plan policies cited: CP6, CP7, CP5, CP10, ST1, ST7, D2, D5, NE6, NE3, NE3A

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.