®Planning appeal decision
22-24, Elm Terrace, Westfield, BA3 3XS
Planning appeal 6004824 at 22-24, Elm Terrace, Westfield, BA3 3XS (Bath and North East Somerset) was dismissed on 19 June 2026 by Inspector D Marley, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the living conditions of neighbouring occupiers, with particular regard to privacy, natural light, and outlook.
the erection of two number 3 bedroom dwellings
- Authority
- Bath and North East Somerset
- Appeal type
- Planning
- Procedure
- Written
- Development
- residential
- Inspector
- D Marley
- Postcode
- BA3 3XS
Main issues, as the Inspector framed them
- the effect of the proposal on the living conditions of neighbouring occupiers, with particular regard to privacy, natural light, and outlook
- whether the proposal would make adequate provision for Biodiversity Net Gain
- whether the proposal would provide satisfactory living conditions for future occupiers, with particular regard to privacy, outlook, private outside space, and natural light
- the effect of the proposal on the character and appearance of the area
- whether the proposal would be acceptable in terms of drainage
What decided it
The significant and enduring harm to the living conditions of neighbouring occupiers through loss of privacy, which would outweigh the benefits of housing provision even under the tilted balance.
The adverse impacts arising from harm to neighbouring occupiers' privacy and living conditions significantly and demonstrably outweighed the benefits of providing 2 dwellings and associated benefits, despite the Council's inability to demonstrate a five-year housing land supply.
What the Inspector cited
- Development plan policies
- Policy D6 of the Bath and North East Somerset Placemaking Plan (2017)Policy NE3A of the Local Plan Partial Update (2023)Policy CP6 of the Bath and North East Somerset Core Strategy (2014)Policy D1 of the Placemaking PlanPolicy D2 of the Placemaking PlanPolicy D3 of the Placemaking PlanPolicy D4 of the Placemaking PlanPolicy D5 of the Placemaking PlanPolicy SU1 of the Placemaking Plan
- National Planning Policy Framework
- Paragraph 11
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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With an account
What an account adds to this decision
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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.