Land to the rear of 26 Bloomfield Drive, Bloomfield Drive, Bath, Somerset , BA2 2BG

Land to the rear of 26 Bloomfield Drive, Bloomfield Drive, Bath, Somerset , BA2 2BG — Bath and North East Somerset Council — Appeal Decision Site visit made on 1 February 2022 by Benjamin Webb BA(Hons) MA MA MSc PGDip(UD) MRTPI IHBC an Inspector appointed by the Secretary of State Decision date: 23 March 2022 Appeal Ref: APP/F0114/W/21/3283454 Land to the rear of 26 Bloomfield Drive, Bath BA2 2BG • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission. • The appeal is made by Mr G Osborne against Bath and North East Somerset Council. • The application Ref 21/01525/FUL, is dated 27 March 2021. • The development proposed is described as a garden hobby room/store. Decision 1. The appeal is allowed and planning permission is granted for a garden hobby room/store at Land to the rear of 26 Bloomfield Drive, Bath BA2 2BG in accordance with the terms of the application, 21/01525/FUL, dated 27 March 2021, subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 20/021192/PA01; Site Plan dated Feb 2021. Procedural Matters 2.

Land to the rear of 26 Bloomfield Drive, Bloomfield Drive, Bath, Somerset , BA2 2BG — Bath and North East Somerset Council — Appeal Decision The appeal is made against the Council’s failure to determine the application within the required time period. The Council has however provided a draft assessment and reasons for refusal which I have taken into account below. Main Issue 3. The main issue is whether the development would preserve the setting of a Grade II* listed building. Reasons 4. The site is located within a garden plot defined by high brick walls which are outwardly faced with stone. These walls connect with others enclosing a linear sequence of enclosed garden plots which extend some distance between the site and Bloomfield Crescent. The latter is listed at Grade II* and is the listed building in this case. The garden plots were originally laid out in association with Bloomfield Crescent, and on this basis the Council considers that they are covered by its listing. 5. A Grade II* listed building is a designated heritage asset of the highest significance. Statute sets out the desirability of preserving listed buildings and https://www.gov.uk/planning-inspectorate

Land to the rear of 26 Bloomfield Drive, Bloomfield Drive, Bath, Somerset , BA2 2BG — Bath and North East Somerset Council — Appeal Decision Appeal Decision APP/F0114/W/21/3283454 their settings, whilst paragraph 199 of the National Planning Policy Framework makes clear that great weight should be given to the conservation of designated heritage assets. 6. Insofar as it is relevant to this appeal the special interest and significance of the listed building resides in its siting, design, construction and planning during the late C18th. In this regard the garden walls are not specifically named as subsidiary features within the list entry, however the construction of communal gardens and walled kitchen gardens is noted within the historical background. Though the relationship between the walls, the spaces they define, and the Crescent has been compromised by the construction of a bungalow at beginning of the sequence, it remains perceptible, particularly in contrast with C20th suburban development along Bloomfield Drive. The walls as such make a positive contribution to the significance of the listed building. 7. The walls have undergone rebuilding and modification in places, somewhat diluting their original character. Nonetheless those on the south and west sides of the plot subject of this appeal appear to be reasonably intact. 8.

Land to the rear of 26 Bloomfield Drive, Bloomfield Drive, Bath, Somerset , BA2 2BG — Bath and North East Somerset Council — Appeal Decision Various structures have been built within the gardens. Some are of relatively large size and modern design and are visible from outside the walls. Within this context the plot itself contains existing modern sheds. Other apparent modifications include a raised platform and gated entrance, and these together enable vehicular access. 9. The scheme would see a garden room constructed within the plot. It would not be attached to the walls and would not be sited on the platform. Given otherwise pronounced differences between external and internal ground levels, it would also not be clearly exposed to view from outside. 10. In view of its general appearance and location within an enclosed garden plot, the structure would be readily interpreted as a garden room. It would therefore be compatible with its context, notwithstanding the fact that at the time of my visit most of the plot was covered by a combination of hardstanding, building materials and waste. Indeed, though this compromises the character and use of the plot as a garden, the way in which the garden is managed is not the issue in question. 11.

Land to the rear of 26 Bloomfield Drive, Bloomfield Drive, Bath, Somerset , BA2 2BG — Bath and North East Somerset Council — Appeal Decision In view of the above, I find that the development would have a neutral effect in relation to both the surrounding walls, and appreciation of the contribution they make to the significance of Bloomfield Crescent. The development would not therefore harm the setting of the latter. 12. For the reasons outlined above I conclude that the setting of the listed building would be preserved. The development would therefore comply with Policy HE1 of the Bath and North East Somerset Placemaking Plan 2017, which amongst other things seeks to sustain and enhance the District’s historic environment. Other Matters 13. Interested parties have raised a number of concerns including the siting of a caravan on the plot, use of the garden as a builder’s yard and shooting range, limited rights of access, and dangers to pedestrian safety. However, these are matters which all fall outside the scope of the application and the appeal. https://www.gov.uk/planning-inspectorate 2

Land to the rear of 26 Bloomfield Drive, Bloomfield Drive, Bath, Somerset , BA2 2BG — Bath and North East Somerset Council — Appeal Decision Appeal Decision APP/F0114/W/21/3283454 14. Whilst concern has also be raised over the potential to use the proposed structure as a dwelling, aside from its obvious unsuitability for this purpose, any material change in its use would require planning permission. Conditions 15. I have imposed standard conditions identifying the time period for commencement and identifying the approved pans for sake of certainty. The Council has requested an additional condition relating to the specification of materials, however, as these are annotated on the plan, the condition is unnecessary. Conclusion 16. For the reasons set out above I conclude that the appeal should be allowed.

Land to the rear of 26 Bloomfield Drive, Bloomfield Drive, Bath, Somerset , BA2 2BG — Bath and North East Somerset Council — Benjamin Webb INSPECTOR https://www.gov.uk/planning-inspectorate 3