Planning appeal decision
Land Between 92 And 106, London Road West, Lower Swainswick, Bath, BA1 7DA
Planning appeal 6002997 at Land Between 92 And 106, London Road West, Lower Swainswick, Bath, BA1 7DA (Bath and North East Somerset) was dismissed on 13 July 2026 by Inspector Martin Allen, by written representations. The main issue, as the Inspector framed it: 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 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
- Inspector
- Martin Allen
- 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.
What the Inspector cited
- Development plan policies
- CP6CP7CP5CP10ST1ST7D2D5NE6NE3NE3A
- National Planning Policy Framework
- Paragraph 11Paragraph 170Paragraph 173Paragraph 174
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.
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