Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision Site visit made on 24 October 2025 by S Burch BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 09 December 2025 Appeal Ref: APP/F0114/W/25/3368374 Garage Block, Bennetts Lane, Walcot, Bath, Somerset • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant outline planning permission. • The appeal is made by Robin David of Danworth Build West Ltd against the decision of Bath and North East Somerset Council. • The application Ref is 23/03629/OUT. • The development proposed is the erection of a single dwelling to replace existing garages (Outline Application with All Matters Reserved). Decision 1. The appeal is dismissed. Preliminary Matters 2. The appeal scheme relates to an outline proposal, with all other matters reserved for future consideration. I have considered the appeal accordingly. Plans have been submitted as part of the appeal which indicates how one dwelling could be accommodated on the site. I have taken these plans into account for indicative purposes only. 3. I have taken the address used in the heading above from the appeal form for reasons of clarity.

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision I have also taken the description of development used above from the Council’s decision notice and the submitted appeal form, similarly for reasons of clarity. Main Issues 4. The main issues are: • the effect of the proposed development on the character and appearance of the area, including the Bath Conservation Area, and the significance and setting of the grade II listed buildings, known as 1-11 Dover Place, and the Bath World Heritage site; • whether the proposed development would make adequate provision for surface water drainage; • the effect of the proposed development on trees; and • the effect of the proposed development on ecology, including protected species. https://www.gov.uk/planning-inspectorate

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision I have also taken the description of development used above from the Council’s decision notice and the submitted appeal form, similarly for reasons of clarity. Main Issues 4. The main issues are: • the effect of the proposed development on the character and appearance of the area, including the Bath Conservation Area, and the significance and setting of the grade II listed buildings, known as 1-11 Dover Place, and the Bath World Heritage site; • whether the proposed development would make adequate provision for surface water drainage; • the effect of the proposed development on trees; and • the effect of the proposed development on ecology, including protected species. https://www.gov.uk/planning-inspectorate

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision Appeal Decision APP/F0114/W/25/3368374 Reasons Character and appearance 5. The appeal site is situated within the Bath Conservation Area (CA) and the Bath World Heritage Site (WHS). In considering whether to grant planning permission, I have been mindful of my statutory duty under Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act), which requires me to pay special attention to the desirability of preserving or enhancing the character or appearance of the CA. Furthermore, the WHS is a heritage asset of the highest significance, recognised internationally to be of outstanding universal value. 6. The appeal site is situated within proximity to listed buildings. In considering whether to grant planning permission, I have therefore also been mindful of my statutory duty under Section 66(1) of the Act which requires special regard to be given to the desirability of preserving a listed building or its setting or any features of special architectural or historic interest which it possesses. 7. The appeal site comprises three domestic garages and associated land.

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision It forms one parcel in an open block of offset gardens between Dover Place and Bennetts Lane which are associated with the dwellings along Dover Place, although they are separated by a small footpath. The surrounding area is predominately characterised by terraces of residential dwellings. Significance and settings of CA, listed buildings and WHS 8. There is relatively limited information regarding the CA before me, however it is a city-wide designation and consequently, it covers a large area with a broad and varied character. Relevant to the appeal, its significance is its historic and pleasing buildings, layouts, street scenes and green open spaces. Both parties agree that the existing garages are of no architectural or historic value and overall, they detract from the character and appearance of the CA. 9. The land between Dover Place and Bennetts Lane, which includes the site, however, contributes to a sense of openness in the area. It creates a balance between built form and open space in the locality, despite the dilapidated condition of some of the garages. It also allows uninterrupted views of the listed terrace along Dover Place.

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision The land therefore makes a positive contribution to the character of the CA in this regard. 10. The site is proximate to 1-11 Dover Place, a grade II listed terrace of two storey dwellings. The evidence before me outlines how the properties are early 19th century, with late 19th and 20th century additions. Their significance is derived from their special architectural interest. The properties feature double-pitched pantile roofs with moulded stacks to the left of each house. Materials include limestone ashlar which is mostly painted. The existing garages are harmful towards the special interest of the listed terrace; due to the negative impact they have on its setting, as described above. 11. The site is also within the WHS which is a designated heritage asset of the highest significance. The City of Bath World Heritage Site Setting Supplementary Planning Document (SPD) outlines how The Statement of Outstanding Universal Value (SoOUV) is the primary source for understanding the significance of the WHS. According to the SPD, the main attributes of the WHS are its Roman Archaeology, https://www.gov.uk/planning-inspectorate 2

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision Appeal Decision APP/F0114/W/25/3368374 The Hot Springs, the Georgian Town Planning and Architecture, and the green setting of the city. The existing garages similarly cause harm to the Outstanding Universal Values in respect of its Georgian Town Planning and Architecture. Effect of the proposed development on the character and appearance of the area, including the CA, and the significance and setting of the listed buildings and WHS 12. The proposed development would involve the demolition of the existing garages and construction of a dwelling. At present the garages have a rather discrete presence and appear as ancillary residential structures, which are typical of residential gardens. Their low-key scale and appearance contribute to the sense of openness between Dover Place and Bennetts Lane. 13. The siting of a detached independent dwelling in this location would be at odds with the surrounding pattern of development, whereby the area between Dover Place and Bennetts Lane is generally devoid of residential properties. The property would appear isolated and therefore unacceptably dominant and incongruous in the street scene.

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision This would be exacerbated by its detached nature, which is further at odds with the distinctive grain and pattern of surrounding terraced forms of residential development which are a defining feature of the area’s character, 14. The positioning of a dwelling in this location would reduce the sense of openness between Dover Place and Bennetts Lane and cramp the setting of the properties along Dover Place. It would also interrupt views of the listed terraced, drawing attention away from them and harming their significance. 15. Given the above, it would also result in harm to the Georgian Town Planning and Architecture, which represents one of the main attributes of the WHS. 16. Whilst I acknowledge that the scheme is of a reduced scale in comparison to previously refused schemes on the site, including the 2005 dismissed appeal (Ref: APP/F0114/A/04/1161747), it fails to address concerns regarding the isolated positioning on Bennetts Lane, the erosion of the sense of spaciousness in front of Dover Place and the form being at odds with the surrounding terraced forms. 17. The submitted plans show the proposed dwelling somewhat adhering to the front building line along Bennetts Lane.

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision A stepped design could also be used to relate to the topography in the area and minimise the proposed height of the dwelling to promote subservience to the properties along Dover Place. This may also minimise excavation and ground disruption. A dwelling may be capable of reflecting the style of surrounding development in terms of its fenestration patterns and window properties, and a palette of local materials could be used. However, these considerations do not address the fundamental concerns regarding the siting of an independent dwelling in this location, as outlined above. Additionally, I am mindful that the plans are indicative only. However, for these reasons I am not satisfied that these concerns could be overcome through the submission of specific details at reserved matters stage. 18. For the above reasons, the scheme would harm the character and appearance of the area, including the CA. It would also harm the significance and settings of the Grade II listed terrace at 1-11 Dover Place and the WHS. Given the scale and nature of the proposal, the degree of harm to the significance of these designated heritage assets would be less than substantial.

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision On a scale, it would be at the https://www.gov.uk/planning-inspectorate 3

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision On a scale, it would be at the https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/F0114/W/25/3368374 midpoint of less than substantial harm. Under such circumstances, paragraph 215 of the National Planning Policy Framework (the Framework) advises that this harm should be weighed against the public benefits of the proposal. 19. The scheme would result in the demolition of existing garages which are of no architectural merit and detract from the character and appearance of the CA and are harmful to the setting of the nearby listed buildings and WHS. The appellant contends that modern sustainable construction principles would be utilised including passive solar design. The development would seek to promote low carbon transport and soft landscaping, hedgerow planting and bat boxes would be used to ensure a Biodiversity Net Gain and promote ecology. A dwelling may also be capable of exceeding the minimum space standards and incorporating flexible spaces to promote accessibility. However, there is limited information regarding these measures before me and in any case, the proposal is an outline application with all matters reserved. 20.

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision The proposal would make efficient use of land through delivering one single dwelling on what could be considered a brownfield site, or previously developed land, in a location with good access to a wide range of services and facilities. Through this, it may reduce pressure on greenfield sites. There would be some economic benefits through the construction of the dwelling and its lifetime. The provision of housing is an important public benefit, particularly in light of the Council’s housing land supply position. 21. An absence of harm in relation to the standard of accommodation, access, parking, waste arrangements, effect on neighbouring living conditions, and subsequent compliance with relevant policies, are neutral factors and would not weigh in favour of, nor against, the appeal. The submission of a Construction Management Plan at reserved matters stage would also be considered a neutral factor, as safe access during construction would be expected. 22. Paragraph 202 of the Framework states that heritage assets are an irreplaceable resource. Given the relatively small scale of the scheme, the public benefits of the proposal carry limited weight in combination.

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision The weight I give them is diminished by the fact the dwelling which would replace the garages would harm the character and appearance of the CA and the significance and settings of listed buildings and WHS. On the basis that paragraph 212 of the Framework establishes that great weight should be given to the conservation of a heritage asset, I am not satisfied that the benefits would be sufficient to outweigh the degree of harm identified. 23. In summary, the proposal would fail to preserve the character and appearance of the CA. It would also result in harm to the significance and settings of the listed buildings at 1-11 Dover Place and the WHS. It would therefore be contrary to Policy CP6 and B4 of the Bath and North East Somerset Core Strategy (CS), Policies D1, D2, D3 and HE1 of the Core Strategy & Placemaking Plan- District- wide Strategy and Policies (DWSP) and Policy D5 of the Local Plan Partial Update (LPPU). These policies seek to ensure high quality development that preserves or enhances local character, including CA’s and does not harm the Outstanding Universal Value of the WHS or the significance or settings of listed buildings. Drainage 24. The site is not currently identified as being at risk of flooding.

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision The development would however likely increase the amount of hardstanding on the site. The https://www.gov.uk/planning-inspectorate 4

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision The development would however likely increase the amount of hardstanding on the site. The https://www.gov.uk/planning-inspectorate 4

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision Appeal Decision APP/F0114/W/25/3368374 appellant has indicated that surface water would be disposed of via a soakaway or an infiltration-based system and main sewer. The Council outline how bedrock deposits in the area are likely to be poorly draining. Additionally, they contend that there is no surface water sewer in the area at present. 25. Nonetheless, the site is situated within a flood zone 1 and within an urban area. The scheme is relatively small in scale and the evidence before me relating to the bedrock deposits is limited. Based on these considerations, I am satisfied that these are matters that could be adequately dealt with at reserved matters stage. 26. On the basis that these matters could be adequately dealt with at reserved matters stage, the scheme would therefore be in accordance with Policy CP5 of CS. This policy seeks to ensure that development incorporates sustainable drainage systems to reduce surface water run-off and minimise its contribution to flood risk elsewhere. Trees 27. The site is relatively overgrown with various shrubbery and dense scrub. Towards the rear of the site, there are a number of smaller trees and bushes. There are some larger trees adjacent to the site.

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision The Council outline that given their size, trees on and adjacent to the site are afforded protection by virtue of being within the CA, and no justification has been provided for the loss of trees. They also raise concerns that development may lead to future pressure for subsequent works to trees if they block sunlight or appear overbearing. 28. Nonetheless, given the overall size of the plot, and the location and size of the trees, I am of the view that it would be possible to develop the site without removing the trees to the rear, or having an adverse impact on them, albeit that this may not be as per the indicative layout. I also consider that it would be possible to develop the site taking into account the position of the trees and any effect on living conditions of future occupiers with regard to the provision of sunlight and outlook. 29. In summary, subject to a suitable siting of the proposed dwelling, the proposal would not have an unacceptable effect on trees. It would therefore comply with Policy NE6 of the LPPU which seeks to avoid any adverse impact to trees and woodland of wildlife, landscape, historic, amenity, productive or cultural value. Protected species 30.

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision Several interested parties state that various protected species, including bats and badgers, have been observed on or around the site over the last number of years. However, there is no authoritative evidence before me to confirm this. Such representations are therefore considered to be anecdotal in this regard, and of limited weight. The Council also contend that based on the character of the land, the site is likely to support protected species, however no further information relating to this, or additional evidence to confirm this has been presented. I therefore afford this observation to be of limited weight. 31. I am satisfied that if I were to allow the scheme, a planning condition could be used to ensure the submission of ecological surveys alongside any reserved matters application. Such surveys could confirm the presence or otherwise of https://www.gov.uk/planning-inspectorate 5

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision Appeal Decision APP/F0114/W/25/3368374 protected species and the extent to which they may be affected by the proposed development, and how any harm could be mitigated. 32. The Council also query the validity of the submitted Biodiversity Net Gain (BNG) calculations. This however does not form part of the reasons for refusal. As this matter would not be determinative, I have not considered it further. 33. For the above reasons, on the basis that ecological surveys could be secured by condition for submission at the reserved matters stage, the scheme would comply with Policy NE3 of the LPPU. Other Matters 34. The appellant has drawn my attention to several appeal decisions, suggesting that these support addressing matters such as appearance via the use of planning conditions of at appeal stage. The scheme at Land at Mockbeggars Farm (Ref: APP/C1435/W/23/3330872), which sought planning permission for 60 houses, is not directly comparable to the scheme before me. Whilst the Inspector did find harm to a non-designated heritage asset, they concluded that the harm did not outweigh the benefits, which included affordable housing, amongst other things.

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision To the contrary, this scheme would result in harm to multiple designated heritage assets, and the benefits would be relatively limited. 35. The Inspector in the appeal at Marnhull (Ref: APP/D1265/W/24/3353912), found that the public benefits on the scheme, which included the delivery of up to 120 homes and 48 affordable homes, outweighed the low level of harm to the heritage assets. The circumstances of that appeal are therefore not directly comparable to the appeal scheme before me, which seeks outline planning permission for one market dwelling. 36. I have not considered the scheme at Land off Ashland Road West (Ref: APP/W3005/W/21/3274818) further, as I have found no harm relating to drainage and ecology matters. 37. The appellant contends that the Council’s insistence on technical information at outline stage is inconsistent with established legal precedent. No case law has however been brought to my attention. I have outlined the reasons as to why in this case the matters relating to the first main issue cannot be conditioned or dealt with at reserved matters stage above. 38. The appellant considers the scheme to be infill development. The Council however outline how it is not located within a built-up frontage.

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision In any case, Policy D7 of the DWSP is not referred to in the refusal reasons. I have therefore not considered this matter further. 39. The evidence before me outlines how the Council are not meeting their housing targets and therefore a presumption in favour of sustainable development applies. However, with reference to paragraph 11 d) of the Framework, an exception is provided where policies in the Framework that protect assets of particular importance provide a clear reason for refusing the proposal. Footnote 7 establishes that this includes designated heritage assets. I have found that the proposal would harm the character and appearance of the CA and setting of listed buildings at 1-11 Dover Place and the WHS. Consequently, those policies provide a clear reason for refusing the development proposed. https://www.gov.uk/planning-inspectorate 6

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — Appeal Decision Appeal Decision APP/F0114/W/25/3368374 Conclusion 40. In conclusion, I have found that the proposal, subject to a suitable siting of the proposed dwelling, would not have an unacceptable impact on trees. It would also be capable of providing an adequate drainage strategy and on the basis that a condition could be used to ensure the submission of ecological surveys at reserved matters stage, it would not result in unacceptable harm to protected species. 41. It would however result in harm to the character and appearance of the area, including the CA, and the significance and setting of the listed terrace and WHS. 42. The proposal would therefore conflict with the development plan and there are no other material considerations, including the Framework, that outweigh this conflict. Therefore, the appeal should be dismissed.

Land On The South-West Side Of Bennetts Lane, BENNETTS LANE, BATH, SOMERSET, BA1 5JX — Bath and North East Somerset Council — S Burch INSPECTOR https://www.gov.uk/planning-inspectorate 7