Welcome
5.01 The City Council recognises that the land supply for
housing development in Bath is severely limited. This places
considerable pressure for development both on sites allocated for
housing and on other sites in the City to meet the demand for
housing. It is widely recognised that the historical, architectural
and environmental position of the City is unique. It is a central
objective of the City Council to preserve these unique
characteristics when considering proposals for development. The
limited supply of suitable land available for housing development
also emphasises the important need to protect existing residential
accommodation, in order to maintain the residential function of the
City. It is also considered an important objective to encourage,
where possible, other means of providing residential accommodation,
such as re-using space above commercial premises, particularly
within the City Centre. Furthermore, the City Council aims to seek
to provide a range of housing types and sizes of a satisfactory
standard, to meet the varied physical and socio/economic needs of
the residents. Finally it is important that all development
maintains and, where possible, enhances the residential amenity of
the City.
5.02 The Third Alteration of the County Structure Plan provides
for an additional 1,850 new dwellings to be built within the period
1989-2001, in the City. This figure is based on an estimate of the
capacity and availability of sites which have already been
identified together with an estimate of the number of "windfall"
and small sites which will be developed within the built up area.
It does not include the additional dwellings which will be provided
by conversions. The County Council does, however, continue to hold
the view expressed by the Panel at the Examination in Public of the
original Structure Plan, that the housing allocation should not be
met at the expense of the character of the City. It is also
recognised that because the supply of housing land is finite, it
will not always be possible to identify a five-year provision.
| STRUCTURE PLAN ALLOCATION
1989-2001 |
1,850 Dwellings |
| COMPLETIONS
1989-1996 |
750 Dwellings |
| STRUCTURE PLAN ALLOCATION REMAINING
1996-2001 |
1,100 Dwellings |
5.03 During the years 1989-95, approximately 750 dwellings were
completed and in April 1996, there were outstanding permissions for
a further 1,000. Sites which have been identified by the City
Council, but which did not have the benefit of planning permission
at that date, could accommodate an estimated 350 dwellings. There
are therefore some 1,100 potential dwelling plots to accommodate
the 1,350 dwellings which the County Council hopes will be built
during the remainder of the Structure Plan period. It should not,
however, be assumed from this that the Structure Plan forecast will
be exceeded. Not all the planning permissions will be implemented;
not all the identified sites will be developed; and it is unlikely
that this "shortfall" will be fully made up by as yet unidentified
"windfall sites".
IDENTIFIED CAPACITY AT APRIL 1996
|
| LARGE SITES
1,196 Dwellings |
SMALL SITES
265 Dwellings |
TOTAL
1,350 Dwellings |
5.04 This is amply demonstrated if the likely scale of
residential development during the plan period is assessed by
projecting the average annual completion rates for large sites (10
or more dwellings) over the last ten years, and the rate for small
sites over the last five years. The supply of small infill sites is
finite, and it is likely that future "windfall" sites will
increasingly involve redevelopment and come in the large
category.
5.05 It is therefore more appropriate to use the lower five year
average when forecasting future building rates on small sites. This
exercise produces an estimated 600 new dwellings between 1996 and
2001 (only 1,350 dwellings 1989-2001) much below the Structure Plan
target. However, nearly half of dwellings built on large sites
since the City Plan was adopted in 1990 can be classed as
"windfall" (289 out of 517 dwellings), and completion rates are
fully expected to increase if market conditions change.
PROJECTED COMPLETIONS 1996-2001
|
| LARGE SITES
540
(90 dwellings per annum) |
SMALL SITES
120
(24 dwellings per annum) |
TOTAL
600 |
| Proposals Map
Appendix A
Map 2 LR1 |
5.06 POLICY H1 - THE CITY COUNCIL WILL ALLOCATE LAND FOR
HOUSING IN THE LOCATIONS SHOWN ON THE PROPOSALS MAP AND IN THE
SCHEDULE (APPENDIX A). |
5.07 Certain sites have been identified following a review of
all land held in Council ownership. The Council has identified
sites as being of "last resort" only to be used when all other land
has been put to use. The "last resort" sites are at the rear of
Cotswold Road, and at the rear of Moorfields Road.
5.08 Many of the sites which have been identified for housing in
the Plan are in sensitive areas as far as landscape is concerned.
The principle of developing these sites for housing is accepted and
on some sites, development briefs will be prepared. The development
brief will provide detailed supplementary planning guidance on how
the site can be developed and allow all interested parties the
opportunity to be involved in the emergence of the brief through
the public consultation process. The brief will take into account
relevant national and local planning guidance. The brief will
consider relevant matters which may include the type and
appropriate density for the development, the protection and
enhancement of the landscape including nature conservation, and
highway issues such as access. It will also be important to
consider townscape, conservation and archaeological issues in the
preparation of any development briefs. Consideration will also need
to be given to secure adequate open space, landscape and other
amenities for the residents and, where appropriate, the surrounding
neighbourhood. Necessary works may include new infrastructure and
provision of environmental improvements.
5.09 The City Council is concerned that if the demand for a
range of housing accommodation is not met within the City, more
pressures will be exerted on the limited and often deteriorating
housing resources available, with disadvantaged or low income
groups being forced to accept low quality housing or possibly
having to move elsewhere. The problem is exacerbated by the fact
that house prices are generally higher in Bath than in the
surrounding area, and the dwindling supply of local authority
housing, resulting largely from "Right to Buy" legislation. A
further factor is the increasing restriction of access to Council
housing to those with acute or statutorily recognised need.
Furthermore, due to the relatively high property values in Bath,
the refurbishment of converted buildings often results in higher
rents being charged and the displacement of lower priced
housing.
5.10 In order to maintain a balanced social structure, the City
should continue to accommodate a mixture of income and aspiration
groups, rather than allow the "market" to provide for the more
affluent and those who are often in-migrants. This applies
particularly to those groups of people who are often denied an
opportunity in the housing market, including disadvantaged and low
income groups such as the homeless, elderly people or people with
disabilities. This section of the Local Plan on meeting housing
needs includes policies aimed at ensuring that new housing
provision, including conversions, bring direct benefit to the local
community, and that the best use is made of existing housing
resources.
5.11 The City Council has a limited ability to maintain a
programme of new housing development in view of the financial
restraints on local government. Nonetheless, local authority rented
housing forms a significant proportion of Bath's housing stock. A
Housing Strategy Statement is produced annually by the Housing
Department which details the City Council's policies and
aspirations in respect of the management and maintenance of its own
housing, the identified housing need, and the improvement of the
private housing stock. The Housing Strategy in particular aims to
identify the need for new social housing to rent to meet the
housing needs of the homeless people, people on the City Council's
waiting lists, people in need of special housing and others unable
to afford access to the mainstream housing market. The City Council
also continues to provide support and encouragement to development
by Housing Associations. This can involve the appropriate transfer
of Council owned land to Housing Associations for the development
of new housing, and support for Housing Associations to create and
manage new dwellings in refurbished space often in association with
"Living Over the Shop" and schemes for basements. In supporting
Housing Associations, the Council often obtains nomination rights
for new accommodation.
H6, H75.12 POLICY H2 - THE CITY COUNCIL WILL ITSELF MAKE
PROVISION, AND WHERE APPROPRIATE, ASSIST OTHERS INCLUDING HOUSING
ASSOCIATIONS, TO MEET THE NEEDS OF DISADVANTAGED HOUSEHOLDS,
ELDERLY PEOPLE OR THOSE IN SPECIAL HOUSING NEED.
5.13 Wessex Water is responsible for water supply, sewerage,
sewage treatment and disposal in this area. Under the Water
Industry Act 1991 and the Water Resources Act 1991, Wessex Water is
now empowered as a water and sewerage undertaker, to levy an
infrastructure charge for all new properties connecting to its
water and sewerage networks for domestic purposes.
5.14 The income from these charges enables the company to
upgrade general water services infrastructure such as reservoirs,
treatment works, pumping stations, mains and sewers to accommodate
new development.
5.15 Developers are, however, advised to contact Wessex Water at
an early stage to ascertain suitable points of connection and any
on and off-site works which they will be required to provide, and
which must form part of a planning application.
5.16 For developments where there will be a non-domestic element
of drainage, e.g. industrial developments, and where the existing
infrastructure is inadequate, Wessex Water will continue to seek
contributions towards the provision of the necessary
infrastructure, as appropriate, from developers.
5.17 POLICY H3 - THE CITY COUNCIL WILL SEEK TO LOCATE NEW
DEVELOPMENT WHERE ADEQUATE WATER SUPPLIES, DRAINAGE, SEWERAGE AND
SEWAGE TREATMENT FACILITIES ARE AVAILABLE OR MAY BE READILY
PROVIDED, IN CO-OPERATION WITH OTHER SERVICES.
5.18 The Proposals Map shows the Water Source Catchment Area of
the Midford Springs Water Supply Source. It is important that
developments or redevelopments in this area do not pose a risk to
water supply. Planning consents for developments that represent an
increased risk of groundwater and/or watercourse pollution within
the Water Source Protection Area will be subject to appropriate
conditions.
Proposals Map5.19 POLICY H4 - WITHIN THE AREA SHOWN ON THE
PROPOSALS MAP AS A WATER SOURCE PROTECTION AREA, THE CITY COUNCIL
WILL ONLY PERMIT DEVELOPMENT THAT POSES NO RISK TO WATER SUPPLY, OR
WHERE THE RISKS OF POLLUTION CAN BE CONTAINED TO AN ACCEPTABLE
LEVEL BY THE IMPOSITION OF CONDITIONS.
5.20 Parts of the City have been mined in the past for limestone
in Odd Down and Combe Down, and coal in the Pennyquick area.
Because of this, some sites regarded as having potential for
development may have problems of underground stability. Similar
problems of unstable ground could occur on steeply sloping sites
which comprise mainly of slipped and foundered strata and also on
tipped land. There is a general presumption against developing
these sites, but in order to allow the best use of all available
land, it is appropriate to allow development where possible if the
applicant can show satisfactory evidence of stability. The
responsibility for determining the extent and effects of unstable
land on development therefore remains that of the developer.
5.21 A programme of remedial stabilising works to the Firs and
Byfield Stone Mines at Combe Down has become of paramount
importance. Consultants have been commissioned by the City Council
to carry out an Environmental Assessment, with a view to the
production of an Environmental Statement on this issue. Once
completed, the Environmental Statement will accompany a planning
application for stabilising the mines.
5.22 POLICY H5 - WHERE GROUND CONDITIONS COULD AFFECT THE
STABILITY OF STRUCTURES, EITHER PROPOSED OR EXISTING, THE CITY
COUNCIL WILL NOT GRANT PERMISSION FOR DEVELOPMENT UNLESS APPLICANTS
SUBMIT CALCULATIONS TO JUSTIFY THE STABILITY OF STRUCTURES,
FOUNDATIONS AND SUB-SOIL CONDITIONS.
5.23 The Council considers that there is significant need to
provide affordable housing. This is accommodation of a suitable
size and type at a price which can be afforded by successive as
well as initial occupiers, whose incomes generally deny them the
opportunity to purchase houses on the open market as a result of
the local relationship between income and market price. Affordable
housing could either be rented accommodation, shared ownership or
for owner occupation, although there is presently a recognised high
demand for rented accommodation to meet current housing need.
Groups considered to be eligible for affordable housing would
include disadvantaged or low income groups such as elderly people,
people with disabilities, the mentally ill, the homeless, single
parent families and people on the housing waiting list. Key workers
in particular businesses in Bath, important to the community, such
as hospitals and schools, may also be eligible for affordable
housing.
Para 5.03 5.24 In order to assist in identifying the demand for
affordable housing, a Housing Needs Survey (July 1994) was
commissioned by the City Council. This involved interviews with
approximately 9% of households in the City, and a study of the
local housing market and the availability of rented accommodation.
The survey identified some 10,007 households in housing need, and
of these, 82% required financial assistance to help them meet their
needs, i.e. their income was below the £17,000-£18,000 minimum
needed to buy or rent property on the open market in Bath. The
survey identified a demand for between 1,200 to 1,600 affordable
new build homes over the next three years, which cannot be met by
the existing City's housing stock. When these figures are compared
with an identified capacity of only 1,468 potential dwelling plots
at April 1995 (paragraph 5.03) the extent of the City housing
problem is revealed. The Annual Local Housing Strategy Statement
makes detailed reference to specific housing needs in the City.
5.25 PPG3 ‘Housing’ (March 1992), paragraph 38 calls for a
proportion of affordable housing to be provided when development is
taking place on a substantial scale. When deciding whether a site
is substantial, the council will be guided by the latest Government
Advice and the level of provision sought will reflect the
availability and nature of such sites and the findings of Housing
Needs Surveys.
5.26 In considering proposals involving the provision of
affordable housing, the City Council will need to be satisfied that
secure arrangements are made so that the affordable housing remains
"affordable" for successive as well as initial occupiers of the
property. Depending on the circumstances, appropriate planning
conditions or legal agreements will be used. Secure arrangements
will often take the form of a Section 106 obligation under the Town
and Country Planning Act 1990, to restrict the use of the land or
the occupancy of the dwellings to particular people who have a
local housing need, by successive as well as initial occupiers.
5.27 Land beyond the urban area of Bath is predominantly Green
Belt and also lies within the Cotswolds Area of Outstanding Natural
Beauty (A.O.N.B.). There is not considered to be any scope for land
to be released for affordable housing as an exception to the normal
planning policies relating to the provision of housing in these
areas. Affordable housing proposals would be expected to comply
with all relevant policies of the Local Plan.
H2, H135.28 POLICY H6 - THE CITY COUNCIL WILL NEGOTIATE WITH
DEVELOPERS TO PROVIDE AFFORDABLE HOUSING, AT AN APPROPRIATE LEVEL
TO MEET IDENTIFIED HOUSING NEED, IN SUBSTANTIAL RESIDENTIAL
DEVELOPMENTS INCLUDING MIXED USE SCHEMES. PLANNING PERMISSION WILL
NOT BE GRANTED UNLESS THERE ARE APPROPRIATE MEASURES TO ENSURE THAT
THE BENEFIT OF THE AFFORDABLE HOUSING IS ENJOYED BY SUCCESSIVE AS
WELL AS INITIAL OCCUPIERS.
5.29 The number of elderly residents is growing steadily and
some of them have special needs. The demands from others in special
housing need are diverse and include people with physical and
mental disabilities, mental illness or disorders and other
disadvantaged groups. Some of the increase in the need for special
housing accommodation in the City is likely to arise from the
current emphasis in the health and social services on "Care in the
Community".
5.30 Circular 10/92 "Housing and the Community Care" identifies
the fact that the Government's policy remains that care should be
provided to people as far as possible in their existing homes. For
those people who cannot live in their homes, even with support,
there will be a continuing need for other forms of housing or
residential care. This may include sheltered accommodation with
warden service and communal facilities. It is important that any
new buildings for elderly people and people with special needs, are
designed to provide ease of movement, suitable access and have
appropriately designed and located car parking facilities.
Furthermore, the location must take account of the proximity to
other amenities, such as shops and health facilities, as well as
the existing distribution of similar types of accommodation within
the area to enable adequate provision.
H25.31 POLICY H7 - THE CITY COUNCIL WILL GRANT PERMISSION FOR
DEVELOPMENT OF SPECIAL NEEDS HOUSING PROVIDING THE PROPOSAL:-
i) IS APPROPRIATE TO THE SCALE AND CHARACTER OF THE AREA;
ii) PROVIDES ADEQUATE PARKING, VEHICULAR AND PEDESTRIAN ACCESS
AND DOES NOT GENERATE UNACCEPTABLE LEVELS OF TRAFFIC;
iii) MAKES APPROPRIATE PROVISION FOR WHEELCHAIR ACCESS AND
EXTERNAL AMENITIES SUCH AS LANDSCAPED GARDENS, AND THE PROXIMITY OF
CAR PARKING WITHIN THE OVERALL LAYOUT AND DESIGN OF THE
DEVELOPMENT;
iv) IS SUITABLY LOCATED FOR SERVICES; AND
v) WOULD NOT RESULT IN AN OVER PROVISION OF SIMILAR
ACCOMMODATION WITHIN THE AREA.
5.32 In recognition of the shortage of land available in the
City for residential development, the City Council will seek to
prevent the loss of existing and potential residential
accommodation through demolition or change of use. There is
continuing concern at the loss of residential accommodation to
various other uses, in particular within the City Centre.
5.33 Whilst pressures on the housing stock, particularly from
commercial uses remain, the opportunities to increase accommodation
in the City are limited due to a shortage of sites and the high
costs of development on many sites which remain. Therefore, it is
important that the current stock of residential accommodation is
not lost through demolition or change of use.
5.34 In addition, in view of the limitations on space, the
current stock of buildings provide an important resource for the
provision of additional dwellings. Many older properties in Bath
were originally built as housing which over the years have changed
to other uses such as offices. The reinstatement to residential
purposes would provide more housing, and may have conservation and
listed building benefits. Therefore, the City Council will, where
appropriate, seek the restoration to residential use of buildings
that were originally constructed as housing accommodation.
5.35 The introduction or expansion of a business use into
residential accommodation (or accommodation originally designed for
residential purposes) will not normally be considered an exception
to the important objective of safeguarding residential use. The
Council will, however, take into account the likelihood of a
residential use being retained or re-introduced, and will be
mindful of the fact that there may be environmental or practical
reasons why this would not be desirable.
V4, C175.36 POLICY H8 - THE CITY COUNCIL WILL NOT GRANT
PERMISSION FOR DEVELOPMENT WHICH WOULD RESULT IN THE LOSS OF
EXISTING RESIDENTIAL ACCOMMODATION OR POTENTIAL RESIDENTIAL
ACCOMMODATION IN A BUILDING ORIGINALLY DESIGNED FOR SUCH PURPOSES
BUT PRESENTLY EITHER VACANT OR IN A NON-RESIDENTIAL USE UNLESS:
i) THERE ARE SUBSTANTIAL CONSERVATION BENEFITS THAT CAN ONLY BE
ACHIEVED THROUGH A NON-RESIDENTIAL USE; OR
ii) A PROPOSAL COMES WITHIN THE TERMS OF POLICY V4; OR
iii) ENVIRONMENTAL OR PRACTICAL CONSIDERATIONS (INCLUDING
SECURITY) ARE SUCH THAT THERE IS NO REASONABLE PROSPECT OF
ACHIEVING A RESIDENTIAL USE.
5.37 Residential conversions can often result in a welcome
improvement in the condition of the housing stock, and contribute
to the number of dwellings in the City. It should be noted that
conversions do not contribute towards the Structure Plan provision.
Between 1985 and 1990, planning permissions for residential
conversions were granted which, if implemented, would have provided
an average annual increase of over 100 new dwellings. In contrast,
the equivalent figure for the following five years is only 30. The
large majority of the units provided in this way have been for
smaller households.
5.38 However, there are disadvantages with dwellings provided by
conversions. Although conversions provide new, generally small,
dwellings, they can result in the loss of suitable family
accommodation which the City Council wishes to protect. The types
of dwelling that may be suitable for conversion are large, old
buildings, many of which will be 'listed'. Particular care is
necessary to ensure that conversions are undertaken with
sensitivity to retain the character of the building, and Policy C17
seeks to control this type of development. Greater importance will
be given to the "character and appearance" of buildings, and
potential development will be judged by these additional criteria.
However, it is acknowledged that the conversion of large properties
can often result in the provision of family units of an adequate
size. Further residential units provided in this way can lack
privacy, have inadequate noise insulation and be badly designed,
although the Council ensures that conversion schemes requiring
planning permission are of an adequate standard.
5.39 The City Council has published guidelines setting out
"Housing Standards for Flat and Bedsitter Conversions". This
document sets out guidance and best practice from a range of
legislation implemented by the City Council, but which are not
enforceable by planning legislation. The standards are to be
observed except where physical constraints or conservation/listed
building considerations render compliance with the standards
impossible and/or undesirable. Each unit should be completely
self-contained. Where family sized units are being provided by the
conversion of houses into flats and where amenity space exists
within the curtilage of the property, family sized dwellings should
be located so as to enable direct access to that space.
5.40 The cumulative effect of residential conversions and
extensions has had a detrimental effect on some areas in Bath. The
increase in the number of dwellings associated with many conversion
schemes puts increased pressures on the limited supply of on-street
parking. Planning permission may be refused if the essential
provision of parking spaces cannot practicably be met on site, or
on other land nearby under the applicant's control.
C4, C15, C18 5.41 POLICY H9 - THE CITY COUNCIL WILL NORMALLY
PERMIT PROPOSALS FOR THE CONVERSION OF PROPERTIES INTO SMALLER
UNITS OF RESIDENTIAL ACCOMMODATION EXCEPT WHERE THEY WOULD RESULT
IN:-
i) THE LOSS OF A PROPERTY OF A SIZE AND TYPE, AND IN A LOCATION
WHICH IS SUITABLE FOR A SINGLE FAMILY DWELLINGHOUSE;
ii) EXCESSIVE LEVELS OF ON-STREET PARKING DEMAND; AND
iii) THE LOSS OF OR PROVISION OF INADEQUATE GARDEN SPACE WHICH
WOULD BE DETRIMENTAL TO THE CHARACTER OF THE PROPERTY OR ITS
SURROUNDINGS.
R8, C13 5.42 Within Bath, and especially in the City Centre,
many upper floors remain vacant or under-utilised for a variety of
reasons. It is important that whilst maintaining its conservation
policies, full and effective use is made of these properties. Where
opportunities come forward to use this space for residential
occupation, the City Council will normally support such
initiatives. Normal residential car parking standards may be
relaxed for example where there are conservation or other site
constraints. Separate independent access should be provided
wherever possible. Lateral conversions can assist in overcoming
access difficulties when no other options are reasonably possible.
It is also important to carefully consider the effect of
development proposals, such as alterations to shopfronts and
changes of use, on the potential for the residential use of upper
floors. In the Central Area, upper floors may also assist in
providing affordable housing, and in meeting the needs of single or
elderly people, or others requiring direct access to local
services. "Living over the Shop" initiatives also assist in
bringing vitality to areas, improving the appearance of buildings,
and providing informal "policing" of the City Centre at night,
which may help local businesses both from a revenue and a security
point of view.
R8, C13 5.43 POLICY H10 - THE CITY COUNCIL WILL NORMALLY GRANT
PERMISSION FOR THE RE-USE OF UPPER FLOORS ABOVE COMMERCIAL PREMISES
FOR RESIDENTIAL ACCOMMODATION.
5.44 There are a number of vacant or under utilised residential
properties in Bath. This is of concern to the City Council. To
reduce the proportion of dwellings and other premises which are
vacant would significantly increase the number of dwellings
available to local residents. The City Council will encourage these
properties to be appropriately refurbished and returned or
converted to residential accommodation. In exceptional
circumstances, compulsory purchase powers may be used.
5.45 POLICY H11 - THE CITY COUNCIL WILL ENCOURAGE THE
RESIDENTIAL USE OF VACANT AND UNDER-UTILISED PROPERTIES AND MAY USE
COMPULSORY PURCHASE POWERS TO ENSURE RECOVERY OF SUCH
PROPERTIES.
5.46 Both the topography of the City and the lack of land for
housing development makes it difficult to identify sites suitable
for residential caravans. Where land is available, housing
development is considered preferable. There is a site for
residential caravans at Claverton Down.
5.47 POLICY H12 - THE CITY COUNCIL WILL NOT NORMALLY GRANT
PERMISSION FOR RESIDENTIAL CARAVANS.
Para 5.01 5.48 Residential development is encouraged in
appropriate circumstances, in line with the objectives set out in
paragraph 5.01. It is important that residential development on
identified and other sites complies with policies in the Plan, and
is particularly sensitive to the conservation policies. In
addition, the City Council places great emphasis on retaining
existing open spaces and also, where practicable, providing further
open spaces and trees within the City.
5.49 Infill development, that is construction of not more than
two dwellings within a gap in a continuously built up frontage, as
well as other small scale development, can make a useful
contribution to the housing stock. However, sensitive planning
control is necessary so as not to damage the character of the built
up area and the amenity of existing residents, whilst also
maintaining conservation policies.
5.50 Within housing developments, carefully designed open
spaces, including children's play spaces and sports pitches with
safe pedestrian access, are an essential contribution to the
creation of a satisfactory residential environment. PPG17 "Sport
and Recreation" (September 1991), together with the National
Playing Fields Association Play Space targets, highlight some
important roles for open space. The standards set out in these
documents will be taken into account when considering planning
applications. Where necessary, the use of legal agreements will be
used to permanently secure the open space. The City Council
recognise the value to local amenity of improving, where
practicable, the residential environment of the City. This can be
particularly important in areas of the City where the existing
amount and distribution of public open space may not be adequate to
meet the needs of the local community.
| H6, LR3, L13, L14, C4, C11 |
5.51 POLICY H13 - THE CITY COUNCIL WILL NORMALLY PERMIT
RESIDENTIAL DEVELOPMENT PROVIDING IT:
i) CONFORMS TO THE EXISTING SCALE AND CHARACTER OF THE
SURROUNDING RESIDENTIAL AREA;
ii) PROVIDES ADEQUATE OFF-STREET CAR PARKING;
iii) PROVIDES SATISFACTORY VEHICULAR AND PEDESTRIAN ACCESS TO
THE SITE;
iv) PROVIDES ADEQUATE SPACE BETWEEN NEW AND OLD BUILDINGS TO
MAINTAIN THE AMENITY OF NEIGHBOURING PROPERTIES;
v) PROVIDES ADEQUATE LANDSCAPING, INCLUDING RETAINING AS MANY
EXISTING TREES AS POSSIBLE, AND, WHERE APPROPRIATE, OPEN SPACE AND
PLAY FACILITIES. |
5.52 Backland development involves the development of an area
without direct road frontage, sharing either an existing access or
creating a new one via a gap between existing development. Backland
development is difficult to achieve successfully. Access is a
significant problem and the amenities of adjoining properties need
to be protected. This development may also detrimentally affect the
open character of the area. Applications for single backland or
"tandem" plots in back gardens will rarely be permissible, due
largely to problems of overlooking and loss of private garden
space.
5.53 POLICY H14 - THE CITY COUNCIL WILL REFUSE PLANNING
PERMISSION FOR BACKLAND DEVELOPMENT UNLESS SATISFACTORY VEHICULAR
ACCESS CAN BE PROVIDED, AND THERE WOULD BE NO SIGNIFICANT REDUCTION
IN THE AMENITIES OF OCCUPIERS OF ADJOINING RESIDENTIAL
PROPERTIES.
5.54 The amenity enjoyed by residents is a vital part of their
quality of life. Such amenity could include a local feature such as
open space. In Bath where development pressure is great, extra
vigilance is required in order to ensure that the relationship of
new buildings and developments to their surroundings do not
undermine this amenity. Disturbance to residents can arise from
either building works during the implementation of a planning
permission or from the completed development itself, although
conditions may assist in reducing the impact of building works.
5.55 Additional residential accommodation, including the
extension of existing residential properties, can result in welcome
additions to the housing stock and better use made of individual
sites. However, even when development is well designed it can lead
to a loss of amenity to surrounding residential properties for
example, from overshadowing, lack of natural daylight and sunlight,
loss of privacy or increased sense of enclosure and, in the case of
rear extensions, the loss of valuable open space such as private
gardens. Noise generated from development, including the
introduction of restaurants in close proximity to residential
accommodation, can also have a direct impact on local amenity.
5.56 POLICY H15 - THE CITY COUNCIL WILL NOT GRANT PERMISSION FOR
DEVELOPMENTS WHICH WOULD SIGNIFICANTLY REDUCE THE AMENITY OF
EXISTING, NEW OR REPLACEMENT RESIDENTIAL ACCOMMODATION.
5.57 Under the Caravan Sites Act 1968, the County Council was
under a duty to provide adequate accommodation for gypsies residing
in, or resorting, to their area. This duty has now been repealed by
the Criminal Justice and Public Order Act, 1994. However prior to
the Act and following an assessment of need, Policy H12 of the Avon
Structure Plan (Third Alteration) states that provision should be
made for approximately 100 caravan pitches for gypsies on permanent
and transit sites located in both urban and rural areas of the
County, between 1989-2001. There are no authorised gypsy sites in
Bath.
5.58 A Consultant's report (1991) commissioned by the County
Council failed to identify a need for a gypsy site in the
south-east of the County which included Bath. The level of gypsy
accommodation provided in Bath should, at any time, be reasonably
related to the need in the district, particularly as indicated by
the bi-annual counts published by the Department of the
Environment. An indication of demand can be reflected through
consideration of the known pattern of gypsy movement, and an
experience of gypsies who normally frequent the area. It is also
important that site provision takes account of the preferences of
gypsies themselves. It will be important that any proposals for
gypsy accommodation in Bath are supported by clear up-to-date
evidence of the need for a site.
5.59 The difficulty in identifying an appropriate site in Bath
is widely recognised owing, amongst other factors, to its urban
nature, its small size, the land availability problem and
conservation policies. As well as failing to identify a need, the
Consultant's Report (1991) failed to identify any suitable sites in
Bath with any potential for further investigation for gypsy sites.
The nature and the consideration of a proposed gypsy site will vary
in terms of their location, size, type, characteristics and level
of servicing. It will be important to consider the effect of the
gypsy site on the visual amenities of the area, as well as the
effect on local residents and highway safety. On-site business
activities associated with the gypsies can cause significant levels
of noise and disturbance and have implications on highway safety
from the movement of vehicles, and affect the visual amenities of
the area. It may be necessary to attach a condition to a planning
permission to restrict commercial activity associated with a
site.
5.60 POLICY H16 - THE CITY COUNCIL WILL NOT GRANT PLANNING
PERMISSION FOR ACCOMMODATION FOR GYPSIES UNLESS:
i) THE PROPOSAL WOULD MEET AN IDENTIFIED NEED FOR GYPSIES
RESIDING IN, OR RESORTING TO THE AREA;
ii) THE PROPOSAL WOULD NOT BE DETRIMENTAL TO THE VISUAL
AMENITIES OR CHARACTER OR THE SURROUNDING AREA. SATISFACTORY
LANDSCAPING WILL BE REQUIRED WHERE APPROPRIATE;
iii) THE SITE IS REASONABLY RELATED TO SERVICES AND FACILITIES,
SUCH AS SHOPS AND SCHOOLS;
iv) ADEQUATE PROVISION IS MADE FOR ACCEPTABLE VEHICULAR ACCESS,
MANOEUVRING, SERVICING AND PARKING, AND THE PROPOSAL WOULD NOT
CREATE OR INTENSIFY A DANGER TO HIGHWAY USERS;
v) THE PROPOSAL WOULD NOT BE DETRIMENTAL TO THE AMENITIES OF
NEIGHBOURING PROPERTIES; AND
vi) SATISFACTORY DESIGN AND LAYOUT OF THE SITE IS PROPOSED, AND
ADEQUATE PROVISION OF APPROPRIATE FACILITIES, SUCH AS MAINS WATER,
DRAINAGE AND ELECTRICITY WOULD BE PROVIDED FOR THE OCCUPIERS OF THE
SITE
