Atlasta Farm, Shapwick Road, Westhay, GLASTONBURY, BA6 9TT
Somerset Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 8 October 2025
- Authority
- Somerset Council
- Inspector
- Fish A
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Minor Dwellings
- Appellant
- Mr & Mrs T & C Wall
- LPA reference
- 2024/2048/PAA
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 7 July 2025
Summary AI
The appeal was allowed as the flood risk assessment was deemed credible and the flood risk could be mitigated. Prior approval was granted subject to conditions.
PDF text
Atlasta Farm, Shapwick Road, Westhay, GLASTONBURY, BA6 9TT — Somerset Council — Appeal Decision Site visit made on 30 September 2025 by Alison Fish BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 08 October 2025 Appeal Ref: APP/E3335/W/25/3368494 Atlasta Farm, Shapwick Road, Westhay, Glastonbury, Somerset BA6 9TT • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant approval required under Article 3(1) and Schedule 2, Part 3, Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). • The appeal is made by Mr and Mrs Wall against the decision of Somerset Council. • The application Ref is 2024/2048/PAA. • The development proposed is Prior Approval for a proposed change of use of agricultural building to a dwellinghouse (Class C3) and for associated operational development. Decision 1.
Atlasta Farm, Shapwick Road, Westhay, GLASTONBURY, BA6 9TT — Somerset Council — Appeal Decision The appeal is allowed and prior approval is granted under the provisions of Article 3(1) and Schedule 2, Part 3, Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) for a proposed change of use of agricultural building to a dwellinghouse (Class C3) and for associated operational development at Atlasta Farm, Shapwick Road, Westhay, Glastonbury, Somerset BA6 9TT in accordance with the application Ref 2024/2048/PAA and the details submitted with it including drawing Nos DR-A-080- 001; DR-A-080-003; DR-A-080-005 and DR-A-080-006 and subject to the following conditions: 1) The development shall not be occupied until the flood resilient building measures detailed within the Flood Risk Assessment prepared by Williams Planning Ltd shall have been implemented in full. Once implemented, the flood resilience measures shall thereafter be retained. 2) The development shall not be occupied until a Flood Emergency and Evacuation Plan (FEEP) has been submitted to, and approved in writing by, the local planning authority.
Atlasta Farm, Shapwick Road, Westhay, GLASTONBURY, BA6 9TT — Somerset Council — Appeal Decision The FEEP shall deal with matters of flood warning, evacuation and refuge, and should demonstrate that future occupiers of the property will not be exposed to flood hazards. The approved measures shall be implemented upon the first occupation of the building and the dwelling shall thereafter be occupied and operated in accordance with the FEEP. Preliminary Matters and Main Issue 2. I have taken the description in the banner heading above, from the Council’s decision notice as a description of development was not provided on the planning application form. 3. There is no dispute that the appeal scheme meets the requirements of paragraph Q1. of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (‘the GPDO’) such that it would constitute development https://www.gov.uk/planning-inspectorate
Atlasta Farm, Shapwick Road, Westhay, GLASTONBURY, BA6 9TT — Somerset Council — Appeal Decision Appeal Decision APP/E3335/W/25/3368494 permitted under Class Q, subject to the prior approval of certain matters. However, the Council argues that there would be an unacceptable flood risk on the site making it impractical or undesirable for the use of the building to change to a C3 dwellinghouse. 4. The main issue is therefore whether there are flood risks which would be likely to make the site impractical or undesirable for residential use. Reasons 5. The submitted Flood Risk Assessment (FRA)1 identifies that the appeal site is located within Flood Zone 3, an area with a high probability of flooding. The National Planning Policy Framework (the Framework) directs development away from the areas at highest risk through the application of the Sequential Test. However, Paragraph 176 and footnote 62 of the Framework excludes a change of use to a dwelling from this requirement. The appeal proposal is therefore not subject to the Sequential Test. 6.
Atlasta Farm, Shapwick Road, Westhay, GLASTONBURY, BA6 9TT — Somerset Council — Appeal Decision Nevertheless, Paragraph 176 goes on to state that development proposals in high risk flood areas would still need to meet the requirements for a site-specific flood risk assessment, to demonstrate that the development could be made safe for its lifetime without increasing flood risk elsewhere. 7. The Planning Practice Guidance (PPG) gives advice and guidance on how a flood risk assessment might be carried out. The information provided in the flood risk assessment needs to be credible and fit for purpose. 8. The FRA has been prepared in accordance with the Framework, the PPG and the Environment Agency Standing Advice on flood risk for new development. The FRA sets out details of historical flood events, the risk from various sources of flooding and details of flood defences in the area. It goes on to assess the flood risk at the site, what flood resilient building measures could be employed in the development, details of foul and surface water drainage to prevent an increased flood risk elsewhere and the need to prepare and implement a flood evacuation plan. 9. This is a proportionate approach to a flood risk assessment for a proposal for a single dwelling, as advocated in the PPG.
Atlasta Farm, Shapwick Road, Westhay, GLASTONBURY, BA6 9TT — Somerset Council — Appeal Decision In the absence of substantive evidence to the contrary, I am satisfied that the findings in the FRA are credible and fit for purpose such that it can be relied upon in the determination of this appeal. 10. The FRA concludes that the flood risk in relation to the appeal site can be adequately mitigated such that the building would be safe for its lifetime without increasing flood risk elsewhere. Accordingly, I am satisfied that subject to conditions to secure the implementation of the flood resilient building measures and the submission and implementation of a Flood Emergency Evacuation Plan, there would not be an unacceptable flood risk to the building or elsewhere. It also follows therefore that the site would not be impractical or undesirable for residential use. Conclusion 11. For the reasons given above the appeal should be allowed and prior approval is granted. In addition to the conditions set out in the formal decision above, the appellants should note that the GPDO requires at paragraph Q2 (4) that the 1 By Williams Planning Ltd https://www.gov.uk/planning-inspectorate 2
Atlasta Farm, Shapwick Road, Westhay, GLASTONBURY, BA6 9TT — Somerset Council — Appeal Decision Appeal Decision APP/E3335/W/25/3368494 development must be completed within a period of 3 years starting with the prior approval date.
Atlasta Farm, Shapwick Road, Westhay, GLASTONBURY, BA6 9TT — Somerset Council — Alison Fish INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Flood risk For appellant ¶5
The Sequential Test does not apply to a change of use to a dwellinghouse, but development proposals in high-risk flood areas must meet site-specific flood risk assessment requirements.
Flood risk For appellant ¶10
The flood risk assessment concluded that the flood risk could be adequately mitigated, and the building would be safe for its lifetime without increasing flood risk elsewhere.
Policies relied on
| Reference | Weight |
|---|---|
| Paragraph 176 of the National Planning Policy Framework |
Moderate |
| Paragraph Q2(4) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) |
Moderate |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 8 October 2025 under the Open Government Licence.