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| Sharon at Bath Press site |
Town and Country Planning Act 1990
Town and Country Planning (Development Management Procedure) Order 2010
Town and Country Planning (Environmental Impact Assessment) Regulations 2011
Site Location: Former Bath Press Premises Lower Bristol Road Westmoreland Bath
Description of Proposal: Mixed-use redevelopment comprising 6,300sqm of retail (Class A1), 4,580sqm of creative work space (Class B1), 2,610sqm of offices (Class B1), 220sqm of community space (class D1/D2), 10 residential houses, basement car park, landscape and access (including realignment of Brook Road)
Appeal Ref: 13/00028/RF
Application Ref: 12/01999/EFUL
Planning Inspectorate Appeal Ref: APP/F0114/A/13/2191952
Appeal Start Date: 8 March 2013
Appellant: Tesco Stores Limited
We are writing to inform you that an Appeal has been made to the Planning Inspectorate in respect of the above development. The appeal is against the decision of the Local Planning Authority to refuse planning permission for the development described above. Permission was refused for the reason(s) set out as follows:
1 The proposed development would give rise to a potential danger to human lives by virtue of its proximity to the nearby operational gasholder site contrary to planning policies ES9 and ES13 of the adopted Bath and North East Somerset Local Plan and contrary to the advice of the Health and Safety Executive.
2 The applicant has failed to justify trip generation, parking demand and trip distribution assumptions made in their Transport Assessment and analysis. Insufficient information has been submitted in respect of these issues and all other modelling input data to enable the soundness of the analysis to be verified. Therefore, the applicant has failed to demonstrate that the proposed development includes satisfactory provision for access from the public highway, car parking and servicing. The site is located at a critical point on the strategic highway network where the existing junction is frequently operating at capacity. The development would therefore be prejudicial to highway capacity and safety.
The proposed development is, therefore, contrary to Policies T1, T3, T5, T16, T24 and T26 of the adopted Bath and North East Somerset Local Plan, including minerals and waste policies and paragraph 32 of the NPPF and having regard to additional developments already committed in this part of Bath
3 The proposed development is not in accordance with the requirements of the sequential approach to development contrary to the Bath and North East Somerset adopted Local Plan Policy S4, Joint Replacement Structure Plan Policy 40, Regional Planning Guidance Policy EC6 and paragraphs 24 and 27 of the NPPF. The development would as a result generate unsustainable travel patterns contrary to paragraph 30 and 32 of the NPPF and be harmful to the Council's retail strategy.
4 The proposed development would give rise to an unacceptable and significant adverse impact on the vitality and viability of the Moorland Road District Shopping Centre contrary to Policies S1 and S4, of the adopted Bath and North East Somerset Local Plan, Joint Replacement Structure Plan Policies 40 and 41 and Regional Planning Guidance Policy EC6 and paragraph 27 of the NPPF.
It has been agreed that the appeal should be dealt with at an Inquiry and you will be notified of the date of the Inquiry in due course.
Details of the appeal are available for inspection on planning pages of the Councils website www.bathnes.gov.uk. If you do not have access to the internet, you can use the self-service computers at all Council Connect Offices. They are available at The One Stop Shop, 3-4 Manvers Street in Bath, Riverside in Keynsham and The Hollies in Midsomer Norton.
Electronic booklets entitled 'Guide to Taking Part in Planning Appeals' are also available for download on the Council’s website. Alternatively, you can access these documents via the Planning Inspectorate website at www.planningportal.gov.uk/pcs. Should you not have access to the internet you can obtain these booklets from any of the Council Connect Offices as listed above or by telephone on 01225 394041.
Any comments made in respect of the original application for development will be forwarded to the Planning Inspectorate, and taken into account by the Inspector deciding the appeal.
The Planning Inspectorate has introduced an online appeals service which you can view details of the appeal and use to make further comments on this appeal. You can find the service through the Appeals area of the Planning Portal – see www.planningportal.gov.uk/pcs. The Inspectorate may publish details of your comments, on the internet (on the Appeals area of the Planning Portal). Your comments may include your name, address, email address or phone number, Please ensure that you only provide information, including personal information belonging to you that you are happy will be made available to others in this way. If you supply information belonging to a third party please ensure you have their permission to do so. More detailed information about data protection and privacy matters is available on the Planning Portal. Alternatively, you can also comment in writing to The Planning Inspectorate, 3/02 Kite Wing, Temple Quay House, 2 The Square, Bristol, BS1 6PN (please provide 3 copies) quoting the Inspectorate’s Appeal Reference: APP/F0114/A/13/2191952.
The Planning Inspectorate must receive representations by the 19 April 2013 or they will not normally be seen by the Inspector and will be returned.
Appeals and Enforcement Team
Planning Services
