66 Bath Buildings, Montpelier, Bristol, BS6 5PU
Bristol City Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 28 February 2022
- Authority
- Bristol City Council
- Inspector
- Willis S
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor retail and services
- Appellant
- montpelier enterprises ltd
- Agent
- montpelier enterprises ltd
- LPA reference
- 20/06283/CU
- ONS LPA code
- E06000023
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 30 December 2021
Summary AI
The appeal was dismissed due to changes in legislation, specifically the prior approval process no longer being in place.
PDF text
66 Bath Buildings, Montpelier, Bristol, BS6 5PU — Bristol City Council — Appeal Decision Site visit made on 22 February 2022 by Stuart Willis BA Hons MSc PGCE MRTPI an Inspector appointed by the Secretary of State Decision date: 28 February 2022 Appeal Ref: APP/Z0116/W/21/3282201 66 Bath Buildings, Montpelier, Bristol, BS6 5PU • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Schedule 2, Part 3, Class C, of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (the GPDO). • The appeal is made by Mr Alex Mcfarlane-Watts of Montpelier Enterprises Ltd against the decision of Bristol City Council. • The application Ref 20/06283/CU, dated 28 December 2020, was refused by notice dated 3 March 2021. • The development proposed is to convert the shop into a small cafe serving hot food and beverages. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is whether the proposed development complies with the conditions, limitations or restrictions applicable to Schedule 2, Part 3, Class C of the GPDO and is therefore permitted development. Reasons 3.
66 Bath Buildings, Montpelier, Bristol, BS6 5PU — Bristol City Council — Appeal Decision Part 3, Class C of the GPDO permitted the change of use of a building from a use falling within Class A1 (shops) to a use falling within Class A3 (restaurants and cafes) subject to specific conditions, limitations and restrictions. However, amendments to the use class order mean that A1 and A3 uses are now both considered to be within the new Class E1. 4. Associated with these changes the prior approval process under Schedule 2, Part 3, Class C2, under which this proposal was made has been revoked. Any decision must be made in accordance with the legislation in force at the time. As the prior approval process under which the appeal was made is no longer in place, I have no option but to dismiss the appeal. 5. Given that I am dismissing the appeal on this matter, it is not necessary for me to consider the prior approval matters or any other matters raised by the parties. 1 The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (as amended) 2 The Town and Country Planning (General Permitted Development Order) (England) (Amendment) (No. 2) Order 2021/814 https://www.gov.uk/planning-inspectorate
66 Bath Buildings, Montpelier, Bristol, BS6 5PU — Bristol City Council — Appeal Decision Appeal Decision APP/Z0116/W/21/3282201
66 Bath Buildings, Montpelier, Bristol, BS6 5PU — Bristol City Council — INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Conditions Against appellant ¶4
The prior approval process under which the appeal was made has been revoked due to amendments to the use class order.
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 28 February 2022 under the Open Government Licence.