®Planning appeal decision
22-24, Elm Terrace, Westfield, BA3 3XS
the erection of two number 3 bedroom dwellings
- Authority
- Bath and North East Somerset
- Appeal type
- Planning
- Procedure
- Written
- Development
- residential
- 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.
Framework references: 11
Plan policies cited: 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 Plan, Policy D2 of the Placemaking Plan, Policy D3 of the Placemaking Plan, Policy D4 of the Placemaking Plan, Policy D5 of the Placemaking Plan, Policy SU1 of the Placemaking Plan
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.