Case 3357947

The Old Tavern , Blackberry Hill, Bristol, BS16 1DB

Bristol City Council — appeal allowed

Outcome
Allowed
Decision date
8 May 2025
Authority
Bristol City Council
Inspector
Tucker A
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Christian Grant Properties Ltd
LPA reference
23/02680/F
ONS LPA code
E06000023
Jurisdiction
Transferred
Link status
Not Linked
Start date
12 February 2025

Summary AI

The appeal for change of use of public house to student accommodation was allowed, subject to various conditions. The Inspector considered the development plan and found that the proposal would not harm the listed building or its setting. The site's biodiversity would be managed through a Habitat Management and Monitoring Plan, and the development would incorporate measures to minimize effects on climate change and the development's energy use.

Generated from the decision letter — check against the original before relying on it.

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Page 1 · Chunk 0 Appeal Decision

The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision Site visit made on 1 April 2025 by A Tucker BA (Hons) IHBC an Inspector appointed by the Secretary of State Decision date: 08 May 2025. Appeal Ref: APP/Z0116/W/24/3357947 The Old Tavern, Blackberry Hill, Stapleton, Bristol BS16 1DB • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Christian Grant Properties Ltd against the decision of Bristol City Council. • The application Ref is 23/02680/F. • The development proposed is change of use of public house to student accommodation with ancillary common parts, demolition of existing outcrop elements and the construction of purpose-built student accommodation with associated works including landscaping, refuse storage and cycle storage. Decision 1.

Page 1 · Chunk 1 Appeal Decision

The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision The appeal is allowed and planning permission is granted for change of use of public house to student accommodation with ancillary common parts, demolition of existing outcrop elements and the construction of purpose-built student accommodation with associated works including landscaping, refuse storage and cycle storage at The Old Tavern, Blackberry Hill, Stapleton, Bristol BS16 1DB in accordance with the terms of the application, Ref 23/02680/F, and subject to the conditions in the attached schedule. Applications for costs 2. An application for costs was made by Christian Grant Properties Ltd against Bristol City Council. This application is the subject of a separate decision. Preliminary Matters 3. On 12 December 2024 the Government published its revised National Planning Policy Framework (the Framework). It has not been necessary for me to give the main parties specific opportunity to comment on this revision, as this was provided for in the appeal timetable. 4. The appeal building is grade II listed1. The application was submitted with a corresponding application for listed building consent (LBC). The application for LBC was granted on 12 December 2024. 5. The Council is updating its local plan.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision It is currently at the examination stage, and its Policies therefore attract limited weight. Main Issue 6. Whether the change of use, and particularly the loss of the public house, would accord with the development plan. 1 List Entry Number 1202006 https://www.gov.uk/planning-inspectorate

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision It is currently at the examination stage, and its Policies therefore attract limited weight. Main Issue 6. Whether the change of use, and particularly the loss of the public house, would accord with the development plan. 1 List Entry Number 1202006 https://www.gov.uk/planning-inspectorate

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision Appeal Decision APP/Z0116/W/24/3357947 Reasons 7. The proposal is to change the use of the building from a public house to student accommodation. Policy DM6 of the Bristol Local Plan Site Allocations and Development Management Policies 2014 (LP) states that proposals involving the loss of established public houses will not be permitted unless it is demonstrated that: the public house is no longer economically viable; or a diverse range of public house provision exists within the locality. The way that the Policy is worded means that only one of these criteria need to be satisfied for the loss of the public house to be permitted by the Policy. 8. The case before me centres on whether a diverse range of public house provision exists within the locality. Supporting text to the Policy suggests that the locality should include all other surrounding public houses within a reasonable walking distance. Further clarity on how the Council expects this to be assessed is set out in DM6: Public Houses Practice Note 2022 (Practice Note). 9. The Practice Note suggests a walking distance of 800 metres, roughly equivalent to 10 minutes walking.

Page 2 · Chunk 5 Appeal Decision

The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision It suggests that this is measured according to on-the- ground walking distance rather than a radius from the site. I find that the evidence provided to address this is detailed and robust. It demonstrates that within a 10 minute walking time from the site there are two public houses. This is accepted by the Council in its Officer Report, and it is agreed that the two public houses identified have many similar characteristics to the Old Tavern. 10. However, two alternative public houses does not necessarily constitute the diverse range of provision required by the Policy. Yet, the two Public Houses identified are on Fishponds Road, which is a vibrant local centre that includes a range of businesses and services that serve the local community, including other public houses. The evidence shows that a further 6 public houses are within a modestly increased search area, of up to 12 minutes walking time from the appeal site.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision Whilst these are beyond 800 metres from the site and a 10 minute walking time, it is unreasonable to ignore this provision, particularly as most of the other public houses that sit within the 10-12 minute walking distance from the site are near to the two already identified, and front the same busy road; indeed some are within sight of each other. 11. Extending the search area modestly to a 12 minute walking distance from the site also takes in The Masons Arms, which is in the opposite direction from Fishponds Road, but provides a useful alternative provision, particularly to those who live to the west of the appeal site and are thus further from Fishponds Road. 12. A 12 minute walk from the appeal site is close to the distance suggested by the Practice Note, and in any case is still a reasonable walking distance and is well within the 15 minute distance that the Council has used in its assessment of the application at 203 Church Road. Furthermore, at a walking distance of 12 minutes from the appeal site the range of public house provision is extensive and would serve a range of needs.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision On this basis I can be satisfied that the required diverse range of public house provision exists within the locality and is sufficient to meet the collective needs and expectations of the community. 13. Policy BCS12 of the Bristol Development Framework Core Strategy 2011 (CS) seeks to retain community facilities unless it can be demonstrated that there is no longer a need to retain the use or where alternative provision is made. Comments https://www.gov.uk/planning-inspectorate 2

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision On this basis I can be satisfied that the required diverse range of public house provision exists within the locality and is sufficient to meet the collective needs and expectations of the community. 13. Policy BCS12 of the Bristol Development Framework Core Strategy 2011 (CS) seeks to retain community facilities unless it can be demonstrated that there is no longer a need to retain the use or where alternative provision is made. Comments https://www.gov.uk/planning-inspectorate 2

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision Appeal Decision APP/Z0116/W/24/3357947 from local residents refer to the lack of community facilities in the area. However, the test that is required by Policy DM6 of the LP is met, and this demonstrates that alternative facilities within the vicinity of the appeal site exist in the form of a diverse range of other public houses. 14. Age and disability are protected characteristics identified under the Public Sector Equality Duty (PSED) set out in s149 of the Equality Act 2010. It is suggested that the loss of the public house would prejudice those with limited or restricted mobility, as they would be required to travel further to access a public house. 15. I have found that a diverse range of alternative provision exists, and that the loss of the public house would comply with development plan policy. It is reasonable for me to assume that this Policy was developed by considering the access needs of the whole community rather than limited to those with unrestricted mobility.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision Whilst the distance for those who live near to the site to the nearest public house would increase if I allow the appeal, evidence before me demonstrates that the route to the alternative public houses would be safe and accessible for a wheelchair user, and that alternative public houses have facilities for those with limited or restricted mobility. 16. Furthermore, the Transport Statement explains that the site is in a highly sustainable location with bus stops available close to the site that provide an alternative to walking. I can therefore conclude that the proposal would not prejudice those with limited or restricted mobility, and in reaching this position I have had due regard to the three aims of the PSED. 17. In summary, the change of use, and in particular the loss of the public house, would accord with Policies DM6 of the LP, BCS12 of the CS and Paragraph 88 d) of the Framework. Together these seek to retain public houses and community facilities, and ensure that any losses are carefully considered, taking into account alternative provision. Other Matters 18.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (LBCA) require the decision maker to have special regard to the desirability of preserving a listed building or its setting or any features of special architectural or historic interest which it possesses. I have reviewed the submissions. Following revisions to the design the Council reached a position where it was satisfied that the proposal would not harm the building’s special interest or its setting. The proposed conversion would carefully utilise existing spaces within the building, including those that currently provide the main public house areas for communal living spaces. Elsewhere subdivision follows the simple cellular character of the building and existing subdivisions, and some enhancements would be delivered through the loss of some modern harmful elements. 19. The new build element would be sizeable, but would retain a low scale that would sit comfortably alongside the more modest parts of the existing building.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision It would utilise an appropriate palette of materials and overall form that would respond well to the character of the existing building, but with a new regularity that would appropriately identify it as a new build element, so as to not confuse our understanding of how the site has developed. For these reasons I am satisfied that the special interest of the listed building and the aspects of its setting that https://www.gov.uk/planning-inspectorate 3

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision It would utilise an appropriate palette of materials and overall form that would respond well to the character of the existing building, but with a new regularity that would appropriately identify it as a new build element, so as to not confuse our understanding of how the site has developed. For these reasons I am satisfied that the special interest of the listed building and the aspects of its setting that https://www.gov.uk/planning-inspectorate 3

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision Appeal Decision APP/Z0116/W/24/3357947 contribute to its significance would be preserved, and this does not therefore need to be a main issue of the appeal. 20. The site is within the Stapleton and Frome Valley Conservation Area (CA). Section 72 of the LBCA requires special attention to be paid to the desirability of preserving or enhancing the character or appearance of a conservation area. Given my findings above relating to the impact on the setting of the listed building, it follows that the character and appearance of the CA would also be preserved, particularly as the new build element mainly faces out over an area of modern housing. 21. It has been announced that the University of the West of England (UWE) will be leaving its site at Glenside, which is adjacent to the appeal site to the north. However, no date has been given for this, and in any case the appeal site is close to the main UWE campus at Frenchay. I therefore give this matter little weight. 22. No. 6 Small Lane adjoins the site boundary to the west. The new building has been designed to avoid overlooking towards this neighbour and it would be set away from the boundary sufficient to avoid an adverse impact on light.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision The level of disturbance and noise would have been considerable when the building was operating as a public house. The new building would face away from this closest neighbour. Communal open space and communal rooms would be located within the site, further to the east. On this basis I can be satisfied that the impact on the occupiers of this closest adjoining dwelling would be acceptable. 23. There are detailed comments before me expressing concern over existing parking provision in the area and whether this would be made worse by the proposal. This was considered in detail by the Council and found to be acceptable. The site is in a highly accessible location, with good public transport, walking and cycling links to local services and facilities, including the main UWE campus at Frenchay. If the appeal is allowed, the submitted travel plan can be conditioned; this seeks to strongly discourage single occupancy car travel, and promote public transport use, cycling and walking. 24. Comments before me also refer to a suggested over concentration of houses in multiple occupation and student accommodation in the area, and the impact this has on the living conditions of permanent local residents and social cohesion.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision This is considered in detail by the Council in its officer report, where it is concluded that the proposal would not result in a harmful concentration of student accommodation in the area, and that it would make a small scale but valuable contribution towards such provision, for which there is a significant demand locally. I see no reason to take a contrary view. The storage and collection of waste and recycling are matters that can be managed through appropriate conditions. 25. Therefore, for the reasons given, the other matters identified do not weigh against the proposal and none should be considered a main issue of the appeal. Conditions 26. I have had regard to the conditions suggested by the Council, and the appellant’s observations. I have considered these against the tests in the Framework and the Planning Practice Guidance. I have imposed condition 2 to specify the approved plans, to give certainty. https://www.gov.uk/planning-inspectorate 4

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision Appeal Decision APP/Z0116/W/24/3357947 27. Conditions 3 and 16 are necessary to safeguard the significance of the listed building. I have removed elements of condition 3 suggested by the Council that solely relate to interior work that is not development, as it is not appropriate to control such detail through conditions attached to a planning permission. 28. Conditions 4, 6, 21, 22, 23, 24, 25, and 26 are necessary for public and highway safety, and to ensure that all work that is associated with the highway is carried out at an appropriate time. The conditions also ensure that adequate parking and cycle provision is provided, and that sustainable transport options are prioritised. Conditions suggested by the Council to secure the submission of a Delivery Servicing Plan and a Traffic Management Plan are not necessary as these documents have already been submitted and accepted by the Council. Instead, condition 26 secures their recommendations. I have removed the requirement from condition 4 for the provision of an on-street EV charging point as this would be beyond the application site, on the adopted highway, and therefore beyond the appellant’s control. 29.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision Condition 5 secures the submission of a Construction Management Plan, which is necessary to maintain the safe operation of the highway and minimise the impact on those who live near to the site during the construction phase. 30. Condition 7 secures the submission and implementation of a Sustainable Drainage System. This is necessary to manage flood risk and secure the provision of a sustainable means of surface water disposal. 31. Conditions 8 – 12 and 17 are necessary to manage the impact of the development on the site’s biodiversity, securing the necessary net gain and the protection of protected and priority species. 32. Conditions 13 and 14 are necessary to ensure that potential risks from land contamination are properly understood. 33. Condition 15 is necessary to safeguard the living conditions of those who live near to the site. 34. Conditions 18 and 19 are necessary to ensure that the development incorporates measures to minimise effects on climate change and the development’s energy use. 35.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision Condition 20 is necessary to secure appropriate facilities at the site for refuse and recycling; to minimise the proposal’s impact on the local environment, ensure that pedestrian movement is not obstructed, and provide facilities to support future occupants to minimise waste. 36. I have not imposed the conditions related to the provision of heat pumps and photo voltaic panels, as condition 18 already secures the provision of these through the Sustainability Statement. Similarly, there is no need to impose a condition to require the submission of evidence that ecological enhancements and mitigation measures have been provided, as a failure to provide such would be in breach of condition 11. 37. I have not imposed additional conditions to restrict parking elsewhere at the site or ensure that allocated spaces remain available for parking, because alternative space on site that could be used for parking would be restricted by the constraints https://www.gov.uk/planning-inspectorate 5

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — Appeal Decision Appeal Decision APP/Z0116/W/24/3357947 of the site layout, and parking would be managed by the Car Park Management Plan to be provided through condition 25. Conclusion 38. For the reasons given, and having regard to all matters raised, the appeal should be allowed.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker INSPECTOR https://www.gov.uk/planning-inspectorate 6

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker INSPECTOR https://www.gov.uk/planning-inspectorate 6

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker Appeal Decision APP/Z0116/W/24/3357947 Schedule of Conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with drawing nos. 2755 L01, 2755 P100, BASEMENT PLAN, GROUND FLOOR PLAN, FIRST FLOOR PLAN, NORTH WEST ELEVATION, NORTH EAST ELEVATION, SOUTH WEST ELEVATION, SOUTH EAST ELEVATION, SECTION A-A, SECTION B-B, 2755 P101 Rev D, 2755 P200 Rev D, 2755 P201 Rev C, 2755 P202 Rev C, 2755 P300 Rev A, 2755 P301 Rev A, 2755 P302 Rev A, 2755 P303 Rev A, and 2755 CP.01 Rev A. 3) Prior to the commencement of the development hereby approved, detailed drawings of the following shall be submitted to and approved in writing by the Local Planning Authority: a) 1:5 section details and 1:10 elevation details of all proposed windows, skylights, and secondary glazing; showing all materials, frames, profiles, opening lights, glazing bars, and fabric connections with head, reveal and cills. b) 1:5 section details and 1:10 elevation details of all new external doors, showing all proposed materials, frames, profiles, panelling, beading and mouldings, architrave and fabric conditions at head, reveal and threshold.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker c) Elevation and section details to an appropriate scale showing all external planters and new boundary walls and showing all proposed materials, walls, and copings or edging. d) 1:5 section details of eaves to new-build including proposed materials, fascia, soffit and rainwater goods. e) 1:5 section details of reconstituted stone heads and cills to new-build element and showing all proposed profiles, projections and drip-mouldings. f) 1:5 section details and 1:10 elevation details of all new gates, railings, external stair and other external metalwork and showing all proposed materials, profiles, fixings to existing fabric and fabrication. g) 1:5 section details of the proposed green roof and showing the build-up, parapet edges, and copings and showing all proposed materials, profiles, flashing, and rainwater goods. h) details to an appropriate scale showing the proposed canopy over the new- build entrance and showing all proposed materials, structure, fixings, and appearance. Once agreed, the development shall be carried out in accordance with the approved drawings.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker 4) Prior to the commencement of the development hereby approved, general arrangement plans to a scale of 1:200 showing the following works to the adopted highway shall be submitted to and approved in writing by the Local Planning Authority. Prior to the first occupation of the development hereby approved these works shall be completed to the satisfaction of the Highway Authority and approved in writing by the Local Planning Authority. https://www.gov.uk/planning-inspectorate 7

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker 4) Prior to the commencement of the development hereby approved, general arrangement plans to a scale of 1:200 showing the following works to the adopted highway shall be submitted to and approved in writing by the Local Planning Authority. Prior to the first occupation of the development hereby approved these works shall be completed to the satisfaction of the Highway Authority and approved in writing by the Local Planning Authority. https://www.gov.uk/planning-inspectorate 7

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker Appeal Decision APP/Z0116/W/24/3357947 a) A new stone wall along the entire northern boundary of the site with Blackberry Hill to prevent vehicle access to the site from Blackberry Hill. b) Uncontrolled pedestrian crossing points across Small Lane and Blackberry Hill to enable safe crossing with adequate visibility of oncoming traffic. c) A new pedestrian footway around the edge of the site at the eastern end and the Small Lane/Blackberry Hill junction, to ensure safe pedestrian access and to link the new crossing points. d) Resurfacing and reinstatement to full kerb height of redundant dropped kerbs at the site. Where applicable the plans should indicate proposals for: e) Existing levels of the finished highway tying into building threshold levels. f) Alterations to waiting restrictions or other Traffic Regulation Orders to enable the works. g) Signing, street furniture, street trees and pits. h) Structures on or adjacent to the highway. i) Extent of any stopping up, diversion or dedication of new highway (including all public rights of way shown on the definitive map and statement).

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker No development shall take place over the route of any public right of way prior to the confirmation of a Town & Country Planning Act 1990 path diversion/stopping up order. 5) Prior to the commencement of the development hereby approved including any demolition work, a construction management plan or construction method statement shall be submitted to and approved in writing by the Local Planning Authority. The approved plan or statement shall be adhered to throughout the demolition / construction period. It shall provide for: a) A 24 hour emergency access number. b) Hours of operation. c) Parking of vehicles of site operatives and visitors (including measures taken to ensure satisfactory access and movement for existing occupiers of neighbouring properties during construction). d) Methods of preventing mud being carried onto the highway. e) Locations for loading / unloading and storage of plant, waste and construction materials. f) Proposed temporary traffic management arrangements including hoardings and / or footway closures. g) Measures to protect vulnerable road users (cyclists and pedestrians). h) Arrangements for turning vehicles. i) Arrangements to receive abnormal loads or unusually large vehicles.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker j) Methods of communicating the plan / statement to staff, visitors and neighbouring residents and businesses. k) Restrictions on loading or receiving deliveries between the hours of 07:00- 09:30am and 3:30-6:00pm on weekdays, except during school holidays or where otherwise agreed with the Council. l) Arrangements for removing asbestos and reducing the effects of noise, vibration and dust. 6) Prior to the commencement of the development hereby approved an Approval in Principle Structural Report setting out how any structures within 6 metres of the https://www.gov.uk/planning-inspectorate 8

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker j) Methods of communicating the plan / statement to staff, visitors and neighbouring residents and businesses. k) Restrictions on loading or receiving deliveries between the hours of 07:00- 09:30am and 3:30-6:00pm on weekdays, except during school holidays or where otherwise agreed with the Council. l) Arrangements for removing asbestos and reducing the effects of noise, vibration and dust. 6) Prior to the commencement of the development hereby approved an Approval in Principle Structural Report setting out how any structures within 6 metres of the https://www.gov.uk/planning-inspectorate 8

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker Appeal Decision APP/Z0116/W/24/3357947 edge of the adopted highway (and outside of this limit where the failure of any structures would affect the safety of road users) will be accessed, excavated, constructed, strengthened or demolished, shall be submitted to and approved in writing by the Local Planning Authority. 7) Prior to the commencement of the development hereby approved a Sustainable Drainage Strategy and associated detailed design, management and maintenance plan of surface water drainage for the site using SuDS methods shall be submitted to and approved in writing by the Local Planning Authority. The drainage system shall be implemented in accordance with the agreed details before the building is first occupied and maintained thereafter for the lifetime of the development. 8) Prior to the commencement of the development hereby approved, a 30-year Habitat Management and Monitoring Plan (HMMP) shall be submitted to and approved in writing by the Local Planning Authority. The HMMP should address retained features of ecological interest, together with mitigation and enhancements to be provided.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker The HMMP should set out management compartments, objectives, and prescriptions for all new proposed soft landscaping / planting to demonstrate how all habitats will be managed to their target condition. It should also show how management of the site will be resourced and monitored. The HMMP should reflect the habitat delivery stated within the Biodiversity Net Gain Assessment Report Ref 328/R2/2023/V2 Rev No. 2 dated 03/10/24 (BNGA) and associated metric tool. The submission of a Landscape and Ecological Management Plan is considered acceptable, as long as it includes all the elements of a HMMP and has had input from a suitably qualified ecologist. 9) Prior to the commencement of the development hereby approved, including all site clearance and vegetation removal, a method statement for a Precautionary Method of Working with respect to the potential presence of nesting birds, bats, reptiles and hedgehogs shall be prepared by a suitably qualified ecological consultant and submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in full accordance with the approved statement.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker 10) Prior to the commencement of the development hereby approved, a soft Landscape Plan including a planting schedule, shall be submitted to and approved in writing by the Local Planning Authority. The plan should accord with the habitat delivery stated within the BNGA and associated metric tool. The development shall be carried out in full accordance with the details submitted, and the planting completed by the end of the first planting season following the first occupation of the development hereby approved. 11) Prior to the commencement of the development hereby approved an Ecological Mitigation and Enhancement Strategy shall be submitted to and approved in writing by the Local Planning Authority. This shall include details of the provision of bird and bat boxes as detailed within the Preliminary Ecological Appraisal (Report Ref 328/R1/2023/V1 dated 09/05/2023). The location, specification, https://www.gov.uk/planning-inspectorate 9

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker Appeal Decision APP/Z0116/W/24/3357947 height and orientation of these features shall be shown on a site plan. The development shall be carried out in full accordance with the agreed details. Bat activity surveys have confirmed bats are present on site. Therefore, a Natural England bat mitigation licence will be required before work commences. The appropriate licence must be obtained and a copy sent to the Local Planning Authority. 12) Prior to the commencement of the development hereby approved, details of any external lighting shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in full accordance with the agreed details. Details shall include a lux level contour plan and shall seek to ensure no light spill outside of the site boundaries. The lux contour plan shall show lux levels at frequent intervals (lux levels at 0, 0.2, 0.5, 1, 1.5, 2, 3, 4, 5 lux and higher are particularly useful) and extend outwards to additional levels (above the pre-existing background light level) of zero lux.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker The lux contour levels shall be superimposed on a site plan which includes all land that is affected by raised light levels (including potentially land outside the red line planning application area) and shall reflect the use of any proposed mitigation, e.g. visors. The latest bats and lighting guidance will need to be referenced and applied. As there are bats recorded roosting on site, the lighting plan should ensure no light spill occurs on any proposed bat mitigation, including installed bat roosts, and will avoid key habitat features and access to the wider landscape, including the tree line to the north of the site (north of Blackberry Hill) and the grassland habitat to the southeast of Small Lane. 13) Prior to the commencement of the development hereby approved, the works detailed below relating to land contamination shall be fully completed. With consideration to human health, controlled waters and the wider environment, the following documents shall be completed to characterise potential risk to sensitive receptors and approved in writing by the Local Planning Authority: a) Generic Quantitative Risk Assessment (GQRA) b) Detailed Quantitative Risk Assessment (DQRA), if the GQRA requires it.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker In accordance with the above findings, the following documents shall be submitted to the local planning authority for approval: c) Remedial Options Appraisal. d) Remediation Strategy. e) Verification Plan. Remediation work shall be carried out in full accordance with the approved Remediation Strategy. A Verification Report must be approved in writing by the Local Planning Authority upon completion of the remediation works. This must include information validating all remediation works carried out. Details of imported materials (source / quantity / suitability), details of exported materials, and details of any unexpected contamination. The actions required above shall be completed in full accordance with Land Contamination Risk Management (Environment Agency, 2023). https://www.gov.uk/planning-inspectorate 10

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker Appeal Decision APP/Z0116/W/24/3357947 14) The development hereby approved shall not be brought into use until written confirmation is provided to the Local Planning Authority that unexpected or previously unidentified contamination was not encountered during the course of the development. If, during development, unexpected contamination is found to be present on site, no further works shall be carried out at the affected location until the following have been approved in writing by the Local Planning Authority: a) Risk Assessment (GQRA or DQRA). b) Remediation Strategy and Verification Plan. If remediation is required it shall be carried out in accordance with the approved Strategy. Upon completion of remediation works a Verification Report shall be approved in writing by the Local Planning Authority. The actions required above shall be completed in full accordance with Land Contamination Risk Management (Environment Agency, 2023). 15) The air source heat pumps shall not be brought into use until an assessment of noise from the heat pumps at nearby dwellings has been submitted to and approved in writing by the Local Planning Authority.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker If the assessment indicates that noise from the air source heat pumps is likely to adversely affect the occupants of neighbouring dwellings then a scheme of noise mitigation measures shall be submitted to and approved in writing by the Local Planning Authority, and such measures shall be implemented before the pumps are first brought into use. 16) Prior to the commencement of each element the following material samples shall be made available to and approved in writing by the Local Planning Authority. Samples shall include intended colour, composition and finish. Once agreed, the development shall be carried out in accordance with the approved drawings. a) Brickwork for new build element. b) External render to existing and new build elements. c) Hard landscaping materials. d) Roof tiles for existing and new build elements. e) Mortars. f) Window frames for new build element. 17) If the development hereby approved has not commenced within 18 months of the date of this decision, an updated ecological survey shall be carried out by a suitably qualified ecological consultant and shall be submitted to and approved in writing by the Local Planning Authority.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker The survey shall conclude whether the existing strategy and method of working should be updated, and if so, updated documents shall be submitted to and approved in writing by the Local Planning Authority before the work commences. Thereafter, the development shall be carried out in full accordance with the approved documents. 18) Before the development hereby approved is first brought into use, the energy efficiency measures, renewable energy, sustainable design principles and climate change adaptation measures shall be in place and shall have been incorporated into the design and construction of the development, in accordance https://www.gov.uk/planning-inspectorate 11

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker The survey shall conclude whether the existing strategy and method of working should be updated, and if so, updated documents shall be submitted to and approved in writing by the Local Planning Authority before the work commences. Thereafter, the development shall be carried out in full accordance with the approved documents. 18) Before the development hereby approved is first brought into use, the energy efficiency measures, renewable energy, sustainable design principles and climate change adaptation measures shall be in place and shall have been incorporated into the design and construction of the development, in accordance https://www.gov.uk/planning-inspectorate 11

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker Appeal Decision APP/Z0116/W/24/3357947 with the Sustainability Statement (Melin Consultants, Project Ref 304184, dated 09/05/2023). This shall include the provision of air source heat pumps and photo voltaic panels. A 21.10% reduction in carbon dioxide emissions beyond Part L 2013 Building Regulations in line with the energy hierarchy shall be achieved. 19) Before the development hereby approved is first brought into use evidence should be provided to and approved in writing by the Local Planning Authority to show that the air permeability rate of 4.9m3/(h.m2) @ 50 Pa has been achieved, including the provision of copies of the air testing certificates. 20) Before the development hereby approved is first brought into use details of dedicated, suitably screened, ventilated and secure storage for refuse storage and recycling facilities that complies with the Council’s Waste and Recycling Guidance shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. No refuse or recycling shall be stored or placed for collection on the adopted highway (including the footway) except on the day of collection.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker 21) Before the development hereby approved is first brought into use detailed designs showing drainage provision at the point of vehicular access to the development from the adopted highway shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 22) Before the development hereby approved is first brought into use the means of vehicular access shall be constructed and completed in accordance with the approved plans and thereafter retained for access purposes only, for the lifetime of the development. 23) Before the development hereby approved is first brought into use the means of access for pedestrians and cyclists and the cycle parking provision shall be constructed in accordance with the approved plans and shall thereafter be kept free of obstruction and retained for such purposes. 24) Before the development hereby approved is first brought into use the car parking area shown on the approved plans shall be completed and thereafter the area shall be kept free of obstruction and available for the parking of vehicles associated with the development.

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker The area must be properly consolidated and surfaced (not loose stone, gravel or grasscrete) and subsequently maintained in good working order at all times thereafter for the lifetime of the development. 25) Before the development hereby approved is first brought into use a Car Park Management Plan setting out how the car park will be managed shall be submitted to and approved in writing by the Local Planning Authority. The agreed details shall thereafter be implemented for the lifetime of the development. 26) The development hereby approved shall be carried out in accordance with the following documents: a) Travel Plan: Student Accommodation Travel Plan, October 2024. https://www.gov.uk/planning-inspectorate 12

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The Old Tavern , Blackberry Hill, Bristol, BS16 1DB — Bristol City Council — A Tucker The area must be properly consolidated and surfaced (not loose stone, gravel or grasscrete) and subsequently maintained in good working order at all times thereafter for the lifetime of the development. 25) Before the development hereby approved is first brought into use a Car Park Management Plan setting out how the car park will be managed shall be submitted to and approved in writing by the Local Planning Authority. The agreed details shall thereafter be implemented for the lifetime of the development. 26) The development hereby approved shall be carried out in accordance with the following documents: a) Travel Plan: Student Accommodation Travel Plan, October 2024. https://www.gov.uk/planning-inspectorate 12 Appeal Decision APP/Z0116/W/24/3357947 b) Delivery and Service Vehicle Management Plan Including Storage and Collection of Refuse and Recycling (HTp/2331/DSVMP/01/1), October 2024. c) Premises Management Plan (HTp/2331/PMP/01/A), October 2024. https://www.gov.uk/planning-inspectorate 13

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Planning obligations
For appellant

The Inspector accepted that the development would comply with development plan policy, including the requirement for a diverse range of public house provision within the locality.

Heritage impact
For appellant

The Inspector found that the proposed conversion would carefully utilise existing spaces within the building, and that the new build element would retain a low scale and utilise an appropriate palette of materials.

Living conditions
For appellant

The Inspector considered that the loss of the public house would not prejudice those with limited or restricted mobility, as alternative public houses with facilities for those with limited or restricted mobility existed within the vicinity.

Highway safety
For appellant

The Inspector found that the site was in a highly accessible location, with good public transport, walking and cycling links to local services and facilities.

Ecology and biodiversity
For appellant

The Inspector accepted that the Habitat Management and Monitoring Plan would ensure the site's biodiversity was managed effectively.

Parking
For appellant

The Inspector found that the site was in a highly accessible location, and that the submitted Travel Plan would discourage single occupancy car travel and promote public transport use, cycling and walking.

Policies relied on

Reference Weight
LP DM6
Determinative
LP BCS12
Substantial
NPPF 208
Moderate

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 13 pages, issued by the Planning Inspectorate on 8 May 2025 under the Open Government Licence.