Bath & North East Somerset Council

TITLE:

APPLICATIONS FOR PLANNING PERMISSION ETC.

WARD:

ALL

BACKGROUND PAPERS: See over

AN OPEN PUBLIC ITEM

Kingsmead Motor Company 5-10 James Street West Bath BA1 2BZ

Depot & Land At Junction Of Lower Bristol Road & Brougham Hayes Bath BA2 3QU

Great Western Antiques Centre St Andrews Terrace Bath BA1 2QR

Land Adjoining The Boathouse Newbridge Road Bath BA1 3JX

15-16 Northgate Street Bath BA1 5AS

15-16 Northgate Street Bath BA1 5AS

20 Milsom Street Bath BA1 1DE

20 Milsom Street Bath BA1 1DE

Land Rear Of 24-28 Tyning Terrace Bath

106 North Road Combe Down Bath BA2 5DJ

106 North Road Combe Down Bath BA2 5DJ

106 North Road Combe Down Bath BA2 5DJ

106 North Road Combe Down Bath BA2 5DJ

Former British Gas Clevelands Building Sydney Wharf Bath BA2 4EP

Baskervilles Gym Englishcombe Lane Bath BA2 2EF

40 Gladstone Road Bath BA2 5HL

10 St Marys Close Bath BA2 6BR

6 Chelsea Road Bath BA1 3DU

7 Upper Lansdown Mews Bath BA1 5HG

Car Park Adjoining All Saints Place Bath BA2 6DU

Green Park Station Green Park Road Bath BA1 1JB

Garden Flat Vale Lodge Weston Park West Bath BA1 4AR

Argyle Works Lower Bristol Road Bath BA2 3DB

21 Sladebrook Avenue Bath BA2 2LB

187 Englishcombe Lane Bath BA2 2EW

39 Fairfield Avenue Bath BA1 6NJ

3 Green Cottages Combe Down Bath BA2 5HG

Land Rear Of The Rose And Laurel Car Park Rush Hill Bath

Bath Spa Hotel Sydney Road Bath BA2 6NU

APPLICATION NO. 99/00485/FUL TYPE Full Application

EXPIRY DATE 16th Jul 1999

WARD Kingsmead

Conservation Area Floodland

APPLICANT: Kingsmead Motor Co/Penhalt/RSW Plc

PROPOSAL: Erection of new multi screen cinema, leisure club and restaurant facilities after demolition of existing commercial garage

SITE LOCATION: Kingsmead Motor Company 5-10 James Street West Bath BA1 2BZ

DESCRIPTION OF SITE AND APPLICATION

A separate report will be circulated.

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APPLICATION NO. 99/00602/FUL TYPE Full Application

EXPIRY DATE 23rd Aug 1999

WARD Widcombe

Floodland

APPLICANT: The Avon And Somerset Police Authority And RSW Plc

PROPOSAL: Erection of Hotel & Auditorium (both with A3) after demolition of existing depot & office, change of use from depot to restaurant with C1 or D1 over & managers flat in existing building altered, on site parking & relocation of classroom hut

SITE LOCATION: Depot & Land At Junction Of Lower Bristol Road & Brougham Hayes Bath BA2 3QU

DESCRIPTION OF SITE AND APPLICATION

The site subject to this application is approximately 0.57 hectares in area and is located at the south east corner of the signalised junction of Lower Bristol Road and Brougham Hayes. The site is currently shared by depot uses for both Bath and North East Somerset Council and the Avon and Somerset Police Authority. There are a number of existing buildings at the site, the most prominent ones being a flat-roofed two storey office block situated on the Lower Bristol Road frontage and a pitched roof building situated along the Brougham Hayes frontage. Vehicular access to the site is taken off Brougham Hayes. A temporary classroom building used by Hayesfield School is also located at the site. There are a variety of trees located mainly around the perimeter of the site, the terrace of dwellings situated on the opposite side of Brougham Hayes are Grade II listed, however, the site lies outside of the Bath Conservation Area. The site is adjoined to the south by Hayesfield School and to the east by St James' Cemetery. Located on the opposite side of Lower Bristol Road is Longmead Gospel Hall and the new Sainsbury's petrol filling station.

This application seeks full planning permission for the erection of a 126 bed hotel and the alteration and conversion of the existing building along the Brougham Hayes frontage to form a public house/restaurant. The existing classroom unit would also be re-located within the site. Vehicular access to the development would still be taken from Brougham Hayes, however, from a position further away from the signalised junction than the existing access. Pedestrian access to the site would also be available from Lower Bristol Road. On site parking would be provided on a communal basis. The application originally also proposed the erection of a 400 seat auditorium for the performing arts, however, this part of the proposal has been removed from the application.

CONSULTATIONS AND REPRESENTATIONS

Consultations

Engineering Services: No objections regarding traffic generation and levels of parking provision. Final details of access arrangements are to be agreed. The first floor activity space within the Pavilion shall be ancillary to the main use.

Building Control: The ground on this site is poor and piled foundations will be required. It is understood that a site investigation has been carried out.

Wessex Water: No objections.

Private Sector Renewal: No observations

Environment Agency: No objections. Further investigations should be carried out to properly characterise the extent of any contamination from existing underground petrol tanks and risk presented to receptors.

Planning Policy: No objections in principle.

Environmental Practice: Object to the proposal on the grounds of adverse impact on trees covered by a Tree Preservation Order.

Representations

Bath Preservation Trust: Comment that they approve of the scheme, but raise concern over the proposed choice of materials:

(i) The scheme introduces a significant amount of render to all 3 buildings, especially the hotel. If render is granted, it must be natural stone colour and not ochre as proposed.

(ii) A greater effort should be made to use natural stone to all elevation details eg. window cills and not reconstructed stone.

(iii) Concern is raised over the type of metal roofing to all three buildings and the "shiny" appearance this inevitably creates. It is suggested that turn-coated stainless steel should be considered which readily takes on a matt appearance, more in keeping with traditional lead roofs.

(iv) A boundary wall of natural stone and railings would be far more attractive and less hostile than the proposed 6ft metal wire fence bordering the school playing fields.

Local Residents: One letter has been received, raising the following concerns:

(i) Light pollution

(ii) Increased noise created by deliveries and loud music

(iii) Litter – if the proposed restaurant has a take-away facility

(iv) Loss of natural light

(v) Loss of value of properties.

PLANNING ISSUES

1. Planning History

In 1967 planning permission was granted (8335) for the change of use from a Territorial Army Centre to a maintenance garage for police vehicles and a road motor patrol centre.

Various planning permissions have subsequently been granted, relating to additional buildings, hardstandings and boundary treatments at the site.

2. Relevant Policies

Bath Local Plan

Policy E1: Employment Generating Development

Policy E2: Retention of Existing Sources of Employment

Policy H15: Residential Amenity

Policy V1: Tourist Related Development

Policy T1: Balanced Transportation Strategy

Policy T12: Private Car Parking

Policy T20: Conditions for Pedestrians and the Mobility Impaired

Policy T25: Highway Development Control Criteria

Policies L5 and L20: Protection of Existing Trees and Landscape Design

Policy C1: World Heritage Site

Policy C2: Design

Policies C11, C19 and C20: Preservation of Buildings of Architectural or Historic Interest and Their Settings

3. Principle of Development

There are no relevant policies in the Bath Local Plan concerning the development of new hotels or public houses/restaurants within the existing urban area. Policies relating to the conversion of existing buildings and the development of previously developed sites are often assessed against Local Plan policies protecting the existing housing stock and preventing the loss of employment. The application does not involve any existing residential accommodation, the police authority merely use their part of the depot for the storage of vehicles and the Council's Property Services Section is currently exploring various options regarding the re-location of the Council's part of the depot. Officers consider, therefore, that there are no objections to the principle of the proposed development.

4. Transportation

A detailed Transportation Impact Assessment (TIA) has been submitted in support of the application. Following lengthy consideration of the issues, officers concur with the conclusions of the TIA, which are that the local highway network, including the signalised junction of Brougham Hayes/Lower Bristol Road, has sufficient capacity to cater for the proposed development, even allowing for general traffic growth.

The proposed vehicular access into the site would be situated approximately 13 metres further away from the signalised junction than the existing access, adjacent to the southern boundary of the site. Officers consider that the revised access arrangements would result in an improvement over the existing access arrangements with improved levels of visibility. A raised table crossover is proposed at the site entrance in order to reduce vehicle speeds, and final details of the access arrangements are required by condition.

A total of 91 vehicle parking spaces are proposed at the site. Officers consider that this level of provision strikes the right balance between minimising on-street parking in the locality whilst acknowledging the site's location on a bus route and in reasonable walking distance of the City Centre and also two railway stations. The parking areas would operate on a shared basis between the proposed uses at the site.

The proposed development allows for the creation of a new pedestrian access into the site approximately halfway along the Lower Bristol Road frontage. A segregated pedestrian route would then run along the centre line of the site. The pedestrian route would then give way to a shared surface before re-joining the footpath along Brougham Hayes. One of the ideas behind the proposed site layout is to create a more desirable environment for pedestrians in the area, away from the busy signalised junction. Officers are satisfied that the proposed layout achieves this aim whilst preventing pedestrian/vehicle conflicts, by creating a suitably traffic calmed environment in the form of a new public square. These principles can be further developed during the approval of surface treatments and street furniture, which is required by condition.

5. Design and Layout

Taking the existing depot building situated on the Brougham Hayes frontage first, it is proposed that this building is to be altered and converted into a public house/restaurant. Referred to in the application as "The Pavilion" this altered building is meant to act as a lightweight and subservient element of the development and also the surrounding area. It is proposed to reduce the length of the existing building by almost 9 metres, to amend the side elevations in order to create more first floor accommodation, and to reconstruct the roof resulting in a minor increase in height (300mm) to approximately 10 metres. The building would be extensively glazed, in order to create the required lightweight appearance, with render infill panels either screening servicing areas or protecting residential amenity, and opaque glass canopies on metal brackets on the elevations facing Brougham Hayes and the new square. The roof would be metal profiled sheeting. Officers are satisfied that the building would serve the purpose of being an interesting feature at the corner of the development, whilst retaining the main elements of a building of character in the area, and not harming the setting of the listed terrace opposite by not materially increasing the scale of the building.

The proposed hotel building would be situated close to the eastern boundary of the site. The design of the hotel is based on three Bath stone towers linked by rendered elevations. The building would have a metal roof and glass canopies on metal brackets in order to match the pavilion building. The hotel would mainly be four storey, being full four storey at the rear, giving way to parapet level accommodation along most of the building, before finally becoming three storey at the Lower Bristol Road frontage. The building would have a maximum height of 13 metres. Officers have no objections to the mass and scale of the proposed building and consider that the scale of the building would satisfactorily relate to other three and four storey commercial buildings in the locality. Officers are of the view that the elevations of the hotel would be sufficiently relieved by proposed fenestration, which would involve stone surrounds, the "wrap around" glazed ground floor bar area, and generally by the variety of the elevations.

In terms of general layout, officers consider that the proposed development would create a quality public environment in the form of a public square. Although the primary purpose of the square would be to provide parking areas, the inclusion of a segregated central pedestrian access route, the creation of outdoor seating areas relating to the pavilion, and the traffic calmed nature of the space lead officers to consider that a quality environment would result. The use of quality surface treatments, street furniture and new landscaping would further enhance this environment. The hotel would create a sense of enclosure to the square, with the pavilion forming a more lightweight and subservient element within the square. From within the square, views will be available of Hayesfield School, which is situated at a higher level. The proposed siting of the temporary classroom unit would compromise this objective, therefore, the re-location of the classroom unit is only recommended for approval on a temporary basis.

6. Landscape

The most significant trees in the locality are situated within the grounds of Hayesfield School and St James' Cemetery and also on the Lower Bristol Road frontage outside of the Cemetery. Within the application site, however, there are also a number of trees of high visual amenity value. These trees are mainly situated at the north west and north east corners of the site. Between these groups of trees is a line of young trees that currently provide an effective screen between the depot and Lower Bristol Road. In the spirit of opening up the site to the public, officers have no objections to the proposed removal of these less significant trees. Of the more significant trees, two of those located at the corner of Brougham Hayes and Lower Bristol Road are now proposed to be retained, with two others removed in order to allow the remaining ones to develop.

Protracted negotiations have taken place between officers and the applicants, including the Council's Arboricultural Officer, regarding the trees located in the north east corner of the site. During these negotiations officers made a Tree Preservation Order regarding two Ash and a Lime, in order to protect the Council's position regarding this matter. The applicant has revised the siting of the hotel on a number of occasions in order to address this issue. The original application retained just one of these trees, in a situation that would have prejudiced its long term amenity value, in the opinion of officers. The revised proposal, which officers find acceptable, is to retain the Ash and Lime directly in front of the hotel, sufficiently far away from the proposed building so as to protect their long term amenity value. In exchange for this, officers find acceptable the proposed removal of the other Ash, as this is set back into the site and is screened by existing trees. Officers consider that the retention of the significant trees within the site would give the site more of an established feel and would provide the proposed hotel with a landscaped setting.

A soft landscape scheme has been submitted for consideration. The focus of the submitted scheme is the planting of large specimen trees within the square in order to provide significant trees in the locality in the long term. Officers are agreeable to this approach.

7. Residential Amenity

Having regard to the existing depot use of the site, officers have no objection to the site being used for commercial purposes. The hotel is situated away from the residential properties on Brougham Hayes and, therefore, raises no issues. The pavilion, however, is situated directly opposite residential properties. As stated earlier in this report, the elevation of the pavilion facing Brougham Hayes has significantly less glazing than the other elevations in order to maintain levels of privacy for nearby residents and would not be significantly increased in scale. Also, and in accordance with a report on A3 uses (Pubs, Wine Bars and Restaurants) considered by the meeting of the Planning Transportation & Environment Committee on 27th November 1997, an operational statement for the proposed use of the pavilion has been submitted. This statement describes the use as a "family orientated restaurant with bar". The statement requires refining and, along with other details required by the 1997 report, will be the subject of a condition. In general, officers are satisfied that the proposed uses can operate without detriment to the amenities of local residents.

8. Western Riverside Implications

Recently, there have been two key events that have firmed up the Council's approach towards Western Riverside, and these have implications for the determination of this planning application.

Firstly, the Joint Strategic Planning & Transportation Committee, on behalf of the four constituent Unitary Authorities within the former Avon area, has resolved to adopt the Joint Replacement Structure Plan, as modified. This decision has the effect of giving considerable weight to the policies contained within the Plan, particularly in this case those concerning development within Bath and sustainable transport measures. The new Structure Plan policy framework is in accordance with the Government's approach to developing integrated transport solutions and it is in line with the Council's Provisional Local Transport Plan.

Secondly, the Council's Strategy Committee has accepted the outputs from the considerable work done to date regarding Western Riverside and has resolved to prepare planning policy guidance for the "core" regeneration site and the adjoining area. The application site lies immediately adjacent to the core site and is classed as being within the adjoining area. The wider area has been included to ensure that the overall potential of Western Riverside is not prejudiced by piecemeal development and that, where appropriate, new development schemes contribute to the provision of infrastructure required in order to secure the regeneration of the whole area.

The result of these events is that the Council is reviewing the policy position with regard to the overall issue and the likely impacts that developments such as the current application would have. The Council has appointed consultants to undertake such a review, and also to look at the development and implementation of a mechanism for contributions to transportation infrastructure. The consultants have been asked to report back within a tight timetable and, whilst their report was not available at the time of drafting this report, it is anticipated that the report will be received and considered prior to the sub-committee meeting. An update report will be produced for Members prior to the meeting, advising them of the implications of this issue for this application. If a financial contribution were considered to be appropriate, this would have to be secured through a Section 106 Agreement.

CONCLUSION

Officers have no objections to the principle of a hotel and public house/restaurant on this site and consider that the development would help to open up the site to the public, creating an attractive new public area. The proposed development would not have a material effect on the local road network or general conditions of highway safety. The design approach adopted is modern, however, it respects the setting of the nearby listed terrace of Brougham Hayes, and the overall scale and mass is considered appropriate. The scheme retains the most significant trees at the site and new planting proposals would provide for additional significant trees in the long-term. Finally, the requirement for this proposal to make a financial contribution to transport infrastructure relating to the Western Riverside area is still under consideration, however, an update report concerning this issue will be produced prior to the sub-committee meeting.

RECOMMENDATION

Authorise the Head of Planning and Development Services to PERMIT subject to the consideration of the consultants' report on the relationship of this site to the Western Riverside and subject to the following conditions:

1 No development shall be commenced until a hard and soft landscape scheme has been first submitted to and approved in writing by the Local Planning Authority; such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of new walls, fences and other boundary treatment and finished ground levels; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs; details of the surface treatment of the open parts of the site; and a programme of implementation.

REASON: To ensure the provision of an appropriate landscape setting to the development.

2 All hard and/or soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Local Planning Authority. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of the development being completed, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Local Planning Authority. All hard landscape works shall be permanently retained in accordance with the approved details.

REASON: To ensure that the landscape scheme is implemented and maintained.

3 No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:1991 have been erected around any existing trees and other existing or proposed landscape areas in positions which have previously been approved in writing by the Local Planning Authority. Until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for arboricultural or landscape works.

REASON: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

4 Prior to the commencement of any form of site works or clearance the Local Planning Authority shall be given not less than two weeks notice in writing of these works to ensure that appropriate measures of landscape protection required under condition 3 have been implemented in accordance with the approved plans or conditions.

REASON: To ensure that adequate protection is given to the areas to be landscaped and the existing trees and planting to be retained within the site.

5 No development shall commence until a schedule of materials and finishes, and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out only in accordance with the details so approved.

REASON: In the interests of the appearance of the development and the surrounding area.

6 The development hereby approved shall not be occupied or the use commenced until provision has been made within the site in accordance with the approved plan(s) for the (a) parking, (b) turning, (c) loading and (d) unloading of vehicles, and such area(s) shall not thereafter be used for any purpose other than the parking, turning, loading and unloading of vehicles associated with the development.

REASON: To ensure that sufficient provision is made for off-street parking, turning, loading and unloading of vehicles in the interests of highway safety.

7 No goods, materials, finished or unfinished products or parts, crates or refuse shall be stacked or stored outside any building on the site without the prior written approval of the Local Planning Authority.

REASON: To safeguard the appearance of the development and the amenities of the area.

8 The first floor accommodation proposed in the Pavilion building shall only be used in association with and ancillary to the approved Class A3 use of the building and for no other purpose without the prior written approval of the Local Planning Authority.

REASON: In order to ensure that there is sufficient on-site parking in the interests of highway safety

9 The development hereby approved shall not be occupied or the uses commenced until details of the vehicular access into the site have been submitted, approved in writing by the Local Planning Authority, and fully implemented.

REASON: In the interests of highway safety.

10 The parking facilities hereby approved shall be provided on a communal basis and shall not be allocated to individual uses at the site.

REASON: In order to ensure that there is sufficient on-site parking in the interests of highway safety.

11 The development hereby approved shall not be occupied or the uses commenced until the pedestrian access from Lower Bristol Road has been provided in accordance with the approved plans. The pedestrian access shall be maintained thereafter.

REASON: In order to ensure provision of satisfactory pedestrian access into the site.

12 Any works to trees within the protective fencing shall be carried out prior to the commencement of development and shall be in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

REASON: In the interests of the appearance of the development and the surrounding area.

13 The development hereby approved shall not be occupied or the uses commenced until operational statements relating to the approved uses have been submitted and approved in writing by the Local Planning Authority. The statements shall include matters such as refuse storage and collection arrangements, delivery and servicing arrangements, hours of opening, capacity, and food / drink balance. The uses shall take place in accordance with the approved statements unless otherwise approved in writing by the Local Planning Authority.

REASON: In order to establish and control the precise nature of the uses proposed, in the interests of residential amenity.

14 The development hereby approved shall not be occupied or the uses commenced until details of ventilation and extraction arrangements have been submitted, approved in writing by the Local Planning Authority and fully implemented.

REASON: In the interests of residential amenity.

15 The development hereby approved shall not be occupied or the uses commenced until details noise attenuation measures have been submitted, approved in writing by the Local Planning Authority and fully implemented.

REASON: In the interests of residential amenity.

16 The classroom unit hereby approved shall be removed from the site before 31st December 2003 and the land restored in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

REASON: In the interests of the appearance of the development.

17 The development hereby approved shall not be commenced until a scheme of de-contamination has been submitted to, approved in writing by the Local Planning Authority and fully implemented.

REASON: In order to prevent future contamination of soil and groundwater.

18 The development hereby approved shall not be occupied or the uses commenced until a scheme of external lighting has been submitted, approved in writing by the Local Planning Authority and fully implemented.

REASON: In the interests of residential amenity and highway safety.

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APPLICATION NO. 99/01214/FUL TYPE Full Application

EXPIRY DATE 11th Feb 2000

WARD Abbey

Conservation Area

APPLICANT: Great Western Ltd

PROPOSAL: Erection of 6 no. dwellings

SITE LOCATION: Great Western Antiques Centre St Andrews Terrace Bath BA1 2QR

DESCRIPTION OF SITE AND APPLICATION

This application relates to a cleared site to the north of the City Centre at the interface of the Central Shopping Area to the south and the Georgian residential development to the north.

It is proposed to erect a terrace of six dwellings, five three bedroomed and one two bedroomed, fronting St Andrews Terrace. The terrace is neo classical in design, to be constructed of natural Bathstone, with render to the rear under a lead and slate roof. Five of the proposed dwellings are to have enclosed rear courtyard gardens, out corner dwelling would have no outdoor amenity space. No off street parking would be provided.

CONSULTATIONS AND REPRESENTATIONS

Building Control Services - no objections.

Private Sector Renewal - no objections in principle subject to the provision of ventilation in the lower bedroom.

Engineering Services - no highway objection, the proposed residential use in this location will not generate any more traffic than the former antiques use.

Bath Preservation Trust - consider that this latest application for housing on this site is a great improvement on the last scheme. However emphasise the need for high quality building materials "ashlar to the front and at least rubble stone to the rear elevation" and particular regard being given to detailing.

Historic Buildings - following revisions - no objections although it is considered that the windows at first floor should be a four pane sash design and that the dies on the parapet should be removed in order to simplify the overall design.

Councillor Wilmington has requested that this application is reported to the Sub Committee as he considers it to be an important redevelopment in the heart of the Conservation Area.

Neighbours - three letters have been received which raise concern regarding the proposal on the following grounds:-

the visual impact of the height and bulk of the proposed dwellings within the conservation area and the impact upon residents of Alfred Street in terms of loss of privacy and an increased sense of enclosure; smaller scale houses would be far more affordable for young couples wishing to live near the centre; the proposed design is one of Georgian pastiche, a building of its time would be more appropriate not "some historicist nostalgia"; lack of parking will exacerbate the already very congested parking space in the vicinity; the proposal is contrary to policies H13, C6, C13, C14 and C15 of the adopted Bath Local Plan; access, storage of materials, noise and hours of working during construction will be problematic; permission should not be granted until the Party Wall Act agreement has been agreed.

PLANNING ISSUES

Relevant Planning History

August 1994 - Planning permission was granted for the erection of a two storey building fronting St Andrews Terrace containing offices and two self contained flats. (Local Planning Authority Ref 9865-15).

August 1994 – Conservation Area Consent for the Demolition of the existing buildings on the site was given.

October 1995 - Planning permission was granted for the erection of a two - storey office building. Essentially revisions to the previous approval. (Local Planning Authority Ref 9865-17).

September 1999 - A planning application for the erection of 6 three storey dwellings was withdrawn, following adverse comments in respect of the proposal by Council officers.

Planning Issues and Relevant Policies

Impact, in terms of the proposed use, scale and design upon the character and appearance of this part of the Conservation Area - Policies H13, C1-C4 inclusive.

Impact upon the setting of adjoining listed buildings - Policies C11-C13 inclusive.

Impact upon the general amenities currently enjoyed by local residents - Policies H13 & H15.

Planning Considerations

1 and 2 Impact upon the character and appearance of the Conservation Area and the setting of adjoining listed buildings.

The application site is located on the northern fringe of an area characterised by a mix of residential, commercial and leisure uses. Whilst this proposal results in the loss of a commercial use it is considered that the proposed residential use does not disrupt this vital mix and relates to the predominately Georgian residential development to the north.

The proposed dwellings front St Andrews Terrace and part of Miles Buildings and comprise two floors with a lower basement. The four storey plus basement Georgian Terrace which fronts Alfred Street towers behind. In view of the site levels the proposed dwellings are two storey fronting St Andrews Terrace and three storey to the rear. Following negotiations with the applicants the height of the proposal has been marginally reduced. From street level the dwellings now have a height to the parapet of some 8.1 metres and 8.9 metres to the ridge, they are some 10.6 metres in depth. By way of comparison the main frontage building which previously occupied the site, which has recently been demolished, was some 5.3 metres in height to the parapet and some 6.2 metres in height to the ridge. Whilst it is recognised that the proposal is higher it is considered that it continues to be sympathetic in terms of scale to the street scene and the locality as a whole.

In terms of detailed design, the proposal is neo classical in its approach. The terrace is to incorporate end pavilions, the pilasters of which project forward by approximately 10 cm. Traditional Georgian sash windows are proposed at first floor level above casement French windows on the main reception floor. Natural Bathstone is proposed to the front and sides of the development and render to the rear, under a slate and lead roof. Amendments have been sought in order to simplify the proposal. It has been the opinion of officers that the site does not warrant a "grand" design, rather one that is simple/subservient, particularly with regard to the Georgian terrace to the rear. The submitted revisions still retain the end pavilions but otherwise the proposals have been simplified. It is now considered that such revisions are acceptable in design terms and do not harm therefore the character and appearance of this part of the Bath Conservation Area.

A number of listed buildings surround the site, notably the Georgian terrace to the rear (Grade II). In light of the above comments in respect of the siting, design and external detailing it is considered that the proposal will not have an adverse impact upon their setting.

3. Impact upon the Amenities of Adjoining Properties

The building fronting St Andrews Terrace which previously occupied the site (which has recently been demolished under a previous consent in 1994) was some 5.3 metres in height to the parapet and some 6.2 metres in height to the ridge from ground floor level. Attached and to the rear, the building continued right up to the rear boundary of the site, adjacent to the rear boundaries of the basement flats of no's 14 & 15 Alfred Street, the ridge height at this point being some 5.4 metres, also measured from ground floor level.

Whilst it is recognised that the proposed development is some 3 to 4 metres higher than the original building it is however sited some 8.3 metres from the rear boundaries of Alfred Terrace, and the courtyard gardens of the proposed dwellings act as a buffer. It is considered that the occupiers of the basement flats of no's 14 & 15 Alfred Street, which were previously severely enclosed will benefit from such a proposal. Instead of a 5.4 metre high building abutting their boundary, it is now proposed to erect a 2 metre high wall. In terms of the relationship of the proposal with the ground floor flats of Alfred Street it is considered that this distance of 8.3 metres is sufficient and will not result in a sense of enclosure or loss of light which would warrant a refusal of the overall scheme.

Balconies are proposed to the rear of the dwellings. They are 0.8 metres in width and will act primarily as an access to the courtyard gardens below. Bedrooms are proposed at the rear of the dwellings at first floor. Whilst it is inevitable that in this relatively confined city centre location there will be a degree of overlooking it is considered that in light of the above this will be kept to within acceptable limits.

One letter of objection raised concern with regard to the impact of such upon the rear wall of no. 17, St Andrews terrace which has now been left exposed following demolition of the existing building and makes reference to the Party Wall etc Act 1996.

Members will be aware that this Act, which came into force on the 1st July 1997, is separate from both planning and building regulation legislation and does not prevent the determination of this application.

RECOMMENDATION

PERMIT

1 No development shall commence until samples of the materials to be used in the construction of the external surfaces, including roofs and boundary walls, have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out only in accordance with the details so approved.

REASON: In the interests of the appearance of the development and the character and appearance of the Conservation Area.

2 Areas of the external walls shown on the submitted drawings to be rendered shall be rendered a colour and texture which has been submitted to and approved in writing by the Local Planning Authority before any work commences.

REASON: In the interests of the appearance of the development and the character and appearance of the Conservation Area.

3 Prior to the commencement of development, a sample panel of all external walling materials to be used shall be erected on site, approved in writing by the Local Planning Authority, and kept on site for reference until the development is completed.

REASON: In the interests of the appearance of the development and the character and appearance of the Conservation Area.

4 No development shall commence until further details of the coursing and jointing of the external walls, including the boundary walls, have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out only in accordance with the details so approved.

REASON: In the interests of the development and the character and appearance of the Conservation Area.

5 No development shall commence until all moulding details of the masonry elements hereby approved have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out only in accordance with the details so approved.

REASON: In the interests of the development and the character and appearance of the Conservation Area.

6 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved, other than those expressly authorised by this permission, without the prior written permission of the Local Planning Authority.

REASON: The introduction of further curtilage buildings requires detailed consideration by the Local Planning Authority to safeguard the appearance of the development and the amenities of the surrounding area.

7 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), there shall be no enlargement or external alteration to any building(s) hereby approved without the prior written permission of the Local Planning Authority.

REASON: In the interests of the appearance of the development and of the amenity and character of the area.

8 No development shall commence until a detailed method statement in respect of the construction works required to implement the development, to include details of the storage of materials, has been submitted to and approved in writing by the Local Planning Authority. The construction works shall thereafter be carried out only in accordance with the details so approved

REASON: In the interests of the amenity of adjoining occupiers.

9 Notwithstanding condition 08 above, no works or deliveries required to implement this development shall take place outside the hours of 0730 to 1800 hours each day Monday to Friday. No such works or deliveries shall take place on Saturdays or Sundays.

REASON: In the interests of the amenity of adjoining occupiers.

10 No development shall be commenced until a hard and soft landscape scheme has been first submitted to and approved in writing by the Local Planning Authority; such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of new walls, fences and other boundary treatment and finished ground levels; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs; details of the surface treatment of the open parts of the site; and a programme of implementation.

REASON: To ensure the provision of an appropriate landscape setting to the development.

11 All hard and/or soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Local Planning Authority. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of the development being completed, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Local Planning Authority. All hard landscape works shall be permanently retained in accordance with the approved details.

REASON: To ensure that the landscape scheme is implemented and maintained.

ADVICE NOTE:

It is noted that the development hereby approved involves the construction on and close to boundaries with adjoining properties. The applicant is advised that this planning permission does not convey any other consent which may be required from the adjoining landowner or any other person, or which may be required under any other enactment or obligation. Particular attention is drawn to the Party Wall etc Act 1996.

FOOTNOTE: This permission relates to drawing no’s SA/P/01/02/03/04/05/06A/07B /08B/09/10A/11/12/13.

______________________________________________________________________

APPLICATION NO. 98/01027/FUL TYPE Full Application

EXPIRY DATE 26th Jan 1999

WARD Newbridge

Area of Outstanding Natural Beauty Greenbelt Public Right of Way

APPLICANT: Minerva Bath Rowing Club

PROPOSAL: Erection of a boathouse and pavilion (Revised proposal)

SITE LOCATION: Land Adjoining The Boathouse Newbridge Road Bath BA1 3JX

DESCRIPTION OF SITE AND APPLICATION

The site of application is situated on adjacent land to the north and east of The Boathouse Public House on the western outskirts of the City and lies north-west of the Newbridge Park and Ride site. The site comprises 0.2 hectares of open land including a lawned area next to the garden/children's activity area attached to The Boathouse Public House, part of a former landfill area (now a grassy plateau with a gentle bank running northwards within the centre of the site) and a sliver of land forming part of a roughly grassed field terminating at the north-western boundary of the Newbridge Park and Ride. The western boundary of the site comprises the existing bank of the River Avon and, on the southern edge, an existing small slipway for boats.

A public footpath crosses diagonally south east to north west through the site and there is an existing mature willow tree in the northernmost part of the site. A public footpath runs along the opposite river bank to the site. There is no existing surfaced vehicular access to the site, which also has no road frontage.

It is proposed to erect a boathouse and a pavilion and install a new solid oak stepped water entry pontoon some 19 metres long along the adjacent river bank. The two buildings would be sited some 28 metres back from the river bank with a slightly undulating grass apron in between comprising some filling of the existing ground levels. The proposed boathouse measures 30 metres long and is 18 metres wide at its widest extent and some 4.5 metres high. Some 21 metres of the length of the boathouse (used for boat storage) would be covered by a green roof garden comprising soil and planting to reflect the natural habitat and this part of the building would therefore be below ground.

The above ground western end of the proposed boathouse would have a hipped end slate roof and Bath ashlar cladding with continuous clerestorey glazing and glazed timber doors in three sliding folding panels. The boathouse would have a storage capacity for up to 28 boats of various sizes. The above ground part of the boathouse would accommodate toilets and locker rooms. A 3-4 metre high retaining wall would be constructed at the rear of the above ground boathouse and pavilion to retain the re-formed landfill escarpment.

The proposed pavilion building would be sited some 3 metres south of the boathouse and would measure 7.6 metres square and 4.5 metres high to the apex of the pyramidal roof and would be wholly above ground. The pavilion would have more extensive vertical glazing in green oak frames but would otherwise be constructed in similar external materials to the above-ground boathouse. The pavilion would house a meeting room, kitchen and toilets, for use by the Applicants.

A 2.5 metre wide access track would be formed linking the pavilion and boathouse to Newbridge Road, via the Newbridge Park and Ride site. The access route would pass through the existing metal bar gate and would be routed round the rear of The Boathouse public house. The track would be constructed of Cotswold stone chippings dressed into the tarmacadam access drive. The track, because of the sloping ground, would be excavated into the existing ground by a maximum of 800 millimetres.

Demountable bollards are proposed at the northern (pavilion) end of the access drive to restrict unauthorised vehicle access to the boat house assembly apron. The access track from the Park and Ride site would be used only for occasional vehicle site access. A cycle rack for housing 12 cycles is proposed. Hard and soft landscape design details have been submitted with the proposal.

Details have been submitted of a proposed diversion of the existing footpath crossing the site some 20 metres north of the existing route for a length of 60 metres to avoid increased gradients next to and over the proposed boathouse.

A Design Report has been submitted with the application which refers, inter alia, to the following:

- the building size for storing rowing equipment is governed by the 9-18 metre length of rowing boats.

- only one operational and two disability parking bays are required on site close to the new clubhouse.

- weekday evening use of the rowing centre will utilise off-peak Park & Ride capacity when the Park and Ride is largely empty.

- on Saturdays and Sundays when the Park and Ride is full, rowers will need alternative parking for in the region of 20 cars. During this period visitors will park in the empty Brassmill Lane Industrial park and walk along the towpath to the Clubhouse.

- the proposals would provide rowing opportunities otherwise denied to members of the community e.g schools, the physically disadvantaged and the actively retired.

- it is envisaged that Minerva and The Royal Navy Rowing Clubs and local schools will use the new facilities.

- principal activities will include river rowing, river craft and briefing seminars, club administration, one annual Head of River Race and one annual Regatta.

- rowing times are:

January – March Weekends 0900 - 1200 hours

April – August Weekdays 1800 - 2100 hours

Weekends 0900 - 1200 hours

September Nil

October – December Weekends 0900 - 1200 hours plus a limited number of junior rowers may visit the centre during school hours.

- number of potential rowers are:

weekends: 67

or weekdays 2 or 3 evenings: 42

weekdays 2 or 3 afternoons: 15

- included within the supporting statement submitted with the application are letters from the Amateur Rowing Association, Royal Navy and Royal Marine Amateur Rowing Association, Royal National Institute for Deaf People, Beechen Cliff School, The Royal School, Hayesfield School, St Mark's School, King Edward's School, Oldfield School and Bath High School.

- the advantages and disadvantages of rowing opportunities on other parts of the River Avon are reviewed.

- Minerva Rowing Club currently operate from their present site off Tollbridge Road, Batheaston which offers only basic facilities.

A report on the ecological implications of the proposal has been submitted.

CONSULTATIONS AND REPRESENTATIONS

(The application was advertised as a departure from the Development Plan and as affecting a public right of way)

British Waterways: do not wish to make any comments.

Wessex Water: details of good drainage and water supply connections would need to be agreed at detailed design stage. Surface water disposal needs to be agreed by Bath & North East Somerset Council.

Environment Agency: no objection in principle subject to conditions concerning compensatory flood storage works and internal floor levels and informatives regarding the Water Resources Act 1991 and the Land Drainage Bye Laws. There are no water quality objections provided foul drainage is connected to the mains drainage system.

Environment Agency (further letter): confirm that the finished floor levels of 16.6 metres AOD for the pavilion and 16.225 metres for the boathouse are acceptable to the Agency.

Highway Development Officer: the use of the Newbridge Park and Ride site for off-site parking is unacceptable as it is specifically designed to provide parking for commuters, shoppers and leisure users to the City centre and is part of the Authority's parking strategy. This Park and Ride is currently at near capacity, therefore required spaces for weekend use will displace above users of the site.

The hours of operation of the Park and Ride site do not suit the hours of operation of the rowing club. Currently the Newbridge Park and Ride operates to 1900 hours whereas the rowing club's evening use extends to 2100 hours.

Sport England: the proposed development would result in an improved level of sport and recreation provision in the area and "Sport England" (the brand name of the English Sports Council) would therefore wish to lend its strong support IN PRINCIPLE to this planning application. Sport England makes the following comments:-

1. This support is offered within the context of our Land Use Planning Policy Statement – Consultation Draft (January 1999).

2. We feel that the proposed development for a new rowing centre at this site will improve access for the sport of rowing to the natural environment of the River Avon. In addition, due to the building's design and location in relation to the Park and Ride facilities it will also meet the objectives of sustainable development with regard to travel and building design.

3. We consider that the applicant has made a thorough assessment of alternative sites for this facility within the catchment area and that this site offers the most appropriate location for the development of rowing, as also supported by the Amateur Rowing Association. We consider that the applicant is seeking to ensure that the proposed building is of minimal visual impact on the Green Belt and AONB and therefore is in line with the recommendation of the relevant Sport England policy.

4. We consider that this site has much to offer to the development of the sport of rowing for the community of Bath. The club is committed to full community involvement and to ensuring that the club can be a partner in agreeing management practice to minimise any environmental impact.

5. Support for this application in the context of the Town and Country Planning Acts does not in any way imply or commit English Sports Council support for any related application to the Lottery Sports Fund.

Ecological Officer: The local ecological appraisal does identify the main impacts of this scheme. Subject to the details of scheme implementation, these impacts are not considered to be significant in the context of the River Avon Site of Nature Conservation Interest (SNCI) or the adjacent grassland SNCI and it should be possible to secure conditions through a Section 106 agreement that will minimise and offset ecological impacts.

A Section 106 agreement should secure the following:

(i) details of grassland habitat protection to be submitted and agreed prior to development;

(ii) details of top soil stripping, storage and re-use to be submitted and agreed prior to development;

(iii) details of habitat creation to be submitted and agreed prior to development, to include objectives; locations; species composition and management prescriptions.

Landscape Officer: refers, inter alia, to the following:

1. The orientation of the building to the west would visually relate it more closely to the river, reduce the extent of earthworks and is more likely to provide opportunity for setting the building naturally into the existing topography. However it is accepted that this is not likely to be achievable given the constraints of the site and the operational requirements.

2. A change of ground level is proposed to the south of the proposed track through an area of retained vegetation; the practicality and details for achieving this needs to be demonstrated.

3. If approved, appropriate landscape conditions are recommended.

Agent for the applicants and Development Officer for Minerva Bath Rowing Club: several letters and representations have been received referring, inter alia, to the following:

1. The proposal accords with the positive use of Green Belt Land in that it provides opportunities for outdoor sport and recreation near urban areas and provides essential recreational facilities.

2. It is not the intention of the applicant that Club parking should occur on the Park and Ride site of The Boathouse Restaurant Car Park; the applicant has made provision to use 20 parking spaces at the Brassmill Lane Industrial Park (Roper Rhodes Ltd).

3. Club parking at Newbridge would be in sharp contrast to the present arrangement at Bathampton where the Club rely entirely on public classified roads for parking;

4. River users find no inconvenience in walking substantial distances to fish or row from the right spot.

5. Abuse of The Boathouse Public House Car Park would not be tolerated by the Minerva Rowing Club Executive.

6. Sharing rowing facilities with the Rowing Club at Saltford is not a viable option because:

(i) the costs at Saltford in bringing the infrastructure, roadway services etc. to an acceptable standard are prohibitive.

(ii) the land is owned by the Duchy of Cornwall and occupied on an unsecured lease. Financial grants for such leases are not available, which makes it virtually impossible to fund the long term development and investment needed to provide suitable buildings etc.

(iii) in our view Highway Safety would mitigate strongly against an increase in traffic flow onto the site, because of the very dangerous turn from the A4 travelling in a westerly direction.

(iv) access by bicycle or public transport from Bath to the Saltford site is extremely difficult.

7. On safety grounds it is sensible to spread facilities along the river, because congestion at entry and exit when boats become unstable, increases the potential for accidental conflict.

8. Should the application not be supported by the Council, this would effectively mean the end of significantly improved rowing facilities in Bath.

Avon Wildlife Trust: concerned that the proposed development will cause damage to the Sites of Nature Conservation Interest (SNCIs). The calcareous grassland, trees and scrub within the SNCIs provide valuable habitats for birds and invertebrates and therefore any loss would be detrimental to wildlife. We object to this development and would urge your Council to refuse permission.

Avon Wildlife Trust (further letter): we have recently been informed that the site holds a colony of glow-worms. This insect is restricted to a limited number of sites in the former Avon County on good quality limestone grassland and serves to underline the quality of the grassland concerned. We would again urge the Council to refuse this application which would clearly be contrary to policies in both the Avon County Structure Plan and Bath Local Plan.

The Bath Society: In the Green Belt. It is a long walk from the weekend parking.

Other third party objections: Objections have been received from the House Manager of The Boathouse, local residents, members and representatives of local Angling Associations, Avon County Rowing Club and Saltford Marina Cruising Club.

These objectors refer to the following grounds of objection:

(i) closure of the public path/right of way which is a heavily used path in an area of exceptional natural beauty;

(ii) proposal would result in extensive over-use of the River Avon in that area and have a detrimental effect on the natural environment.

(iii) this part of the river is already well frequented by other sports and casual users including established rowing clubs, motorised pleasure craft and occasional pleasure rowing-boats; the problems are at their worst in the summer months and any extra boat traffic could increase the probability of accidents and would result in increased congestion.

(iv) increased disturbance to anglers

(v) increased bank erosion and damage to ecology of the river

(vi) increased boat activity ruins match fishing along the river

(vii) concern over appropriate screening of the boat house from the children's play area related to the Public House.

(viii) the car park to The Boathouse will suffer from continued abuse.

(ix) concern that the earliest access time of 0900 hours is adhered to in order that staff and managers (in The Boathouse) do not suffer from noise and disturbance.

(x) with four rowing clubs already boating from Saltford, the proposal will present problems for all river users with upstream rowers conflicting with downstream rowers.

(xi) this particular field and indeed the swathe of countryside beyond it should be spared; it supports a mix of relatively undisturbed natural meadow, shrub and trees and in particular the site has breeding colonies of glow-worms.

(xii) increased disturbance and activity would destroy the remaining pocket of nature.

Third Party Supporters: Letters of support have been received from interested persons, English Federation of Disability Sport (South West), ARZV Rowing Club (from Alkmaar, Holland), the Minerva Bath Rowing Club President and Bath Building Society.

These supporters refer to the following:

(i) the Club caters for school children to older adults

(ii)the planned facility will offer disabled people the opportunity to attend and fully participate in rowing in Bath

(iii) the exchange programme with ARZV Rowing Club will be improved

(iv) competitive rowers need the better water and facilities to reach their potential and the improved site and accessibility encourages more recreational rowing, including rowing for the disabled

(v) current facilities on offer are below standard and, if Bath is to excel in rowing, as it does in so many other sports, the proposed Centre is essential

(vi) Newbridge is already associated with water facilities and the area and therefore officers an ideal location. Public transport is also readily available.

(vii) Bath needs more community based activities encouraging young people to partake in physical exercise; something that is sadly lacking at local school level;

(viii) Minerva are succeeding in introducing newcomers from a range of different backgrounds

(ix) Bath has much rowing talent but the City is severely lacking suitable facilities for enthusiasts to progress to National level.

(x) alternative sites on the river seem to be unsuitable in a variety of different ways because youngsters need access by public transport, women need to be safe in the evenings and the site needs to be reasonably close to the public to minimise the potential of vandalism.

PLANNING ISSUES

Planning Policy

The site of application lies within the Green Belt and Area of Outstanding Natural Beauty. A small part of the north-eastern fringe of the site appears to lie within a protected wildlife site, the boundary of which is not clearly defined on the Bath Local Plan (Proposals Map).

Until the Joint Replacement Structure Plan (JRSP) is adopted, the statutory Development Plan covering the site comprises the Avon County Structure Plan (ACSP) and Bath Local Plan.

The JRSP, which the Council is intending to adopt shortly, is a material consideration which needs to be accorded considerable weight as advised in PPG1 (General Policy and Principles).

Green Belt

Policy GB6 of the ACSP relates to the Green Belt, and resists the construction of new buildings for purposes other than, inter alia, outdoor recreation.

Policy GB1 of the Bath Local Plan relates to the Green Belt and resists the construction of new buildings other than, inter alia, for essential facilities for outdoor sport and outdoor recreation.

Policy GB1 of the Bath Local Plan is echoed in Government advice on Green Belt, contained in Planning Policy Guidance Note 2 (PPG2). This Guidance states that 'essential facilities should be genuinely required for uses of land which preserve the openness of the Green Belt and do not conflict with the purposes of including land in it. Possible examples of such facilities include small changing rooms or unobstructive spectator accommodation for outdoor sport or small stables for outdoor sport and outdoor recreation'.

In relation to this, PPG2 refers to five purposes of including land in the Green Belt and two of these purposes are considered particularly relevant in the context of this application, i.e. to assist in safeguarding the countryside from encroachment and to preserve the setting and special character of historic towns.

Once Green Belts have been defined PPG2 advises that Green Belts have a positive role to play in providing, inter alia, opportunities for outdoor sport and outdoor recreation near urban areas; to retain attractive landscapes and enhance landscapes near to where people live and to secure nature conservation interests.

PPG2 also advises that the visual amenities of the Green Belt should not be injured by proposals by reason of their siting, materials or design.

Policy 16 of the JRSP intended to be adopted seeks to retain the openness of Green Belts and reiterates the positive use of land by allowing appropriate opportunities for outdoor sport and recreation new urban areas.

Policy 43 of the JRSP states that new facilities will be located in the open countryside or the Green Belt only when related to appropriate outdoor recreation activities.

Area Of Outstanding Natural Beauty (AONB)

Policy C8 of the ACSP seeks to conserve the scenic qualities of the AONB by generally restricting the location and scale of development and resists development in the open countryside unless it is essential to the rural economy or desirable for the enjoyment of the amenities of the area.

Policy L1 of the Bath Local Plan resists developments in the Area of Outstanding Natural Beauty which have a detrimental impact on the landscape character or appearance of the area.

Sport/Recreation

Policy RC.14 of the ACSP sets criteria for permitting the provision of recreation and sports facilities including: the proposals complement the existing pattern of recreation facilities; meet the needs of residents for a range of sporting and recreational opportunities; the recreation supporting capacity of the location is demonstrated in terms of its impact upon the landscape, ecology, local inhabitants and works, acceptable access and adequate drainage.

Policy LR2 of the Bath Local Plan gives favourable consideration to proposals for recreational development only where they do not detract from the character of the area or its wildlife value and respect residential amenities.

Nature Conservation

Policy L15 of the Bath Local Plan seeks to safeguard sites of wildlife importance.

Public Rights Of Way

Policy RC.9 of the ACSP states that development proposals which detrimentally affect the recreational use or amenity of an existing footpath route, normally will be permitted only when suitable provision for its diversion has been made.

Other Policies in the Development Plan

Other policies in the ACSP and Bath Local Plan referring to access, transport, and the World Heritage Site, residential amenity, and landscape character are relevant.

JRSP - other Policies

Policy 1 (sustainable development) – seeks to conserve green field land respecting and enhancing landscape character and protecting the countryside from inappropriate development.

Policy 45 refers to sports that require a rural location and states that the permission of facilities will need to safeguard the environment and amenity and character of rural areas, facilitate access by all groups in the community and minimise the need to travel.

Relevant Planning History

An application for a similar development was withdrawn on 30th November 1998 (ref 98/00459/FUL).

Environmental Impact Assessment

At the time of receipt of the application (December 1998) it was considered that under the relevant Regulations operating at the time the proposals were not of a scale or nature to warrant an Environmental Impact Assessment. Whilst the Regulations have subsequently been revised, the new Regulations do not apply to applications submitted before 14 March 1999.

Planning Comments - Green Belt Issue

Whilst there is an existing slipway from the site to the River Avon, the site of application is open and is not used for any intensive sporting or recreational activity. Indeed such uses are precluded because of the lack of adequate access to the site. Therefore the proposal is in effect to introduce substantial buildings (albeit part underground) and change the use of the open informal lawned area to formal sporting/recreational use.

Given the size of the buildings proposed and the fact that there is no established rowing club use of the site and having regard to the examples of "essential facilities" referred to in PPG2 it is considered that the proposed buildings would not constitute appropriate development in the Green Belt. The applicants argue that the provision of a boathouse and pavilion to provide boat storage, changing rooms and pavilion are essential to serve the purposes and ambitions of the rowing club but it is considered that the scope of the proposed built facilities on this open site not used for such intense or formal sporting activities goes beyond, as a matter of degree, what could reasonably be considered as 'essential' and beyond the examples of essential facilities referred to in PPG2.

The proposed use and development should also preserve the 'openness' of the Green Belt as advised in PPG2. Whilst the applicants have gone to considerable lengths to landscape the area and minimise vehicle parking on the open part of the site and to underground the boathouse, the proposed above ground buildings would still be visible particularly from the opposite river bank and it is considered that the openness of the Green Belt would not be preserved by the proposals.

Whilst the positive aspect of this proposal in providing an opportunity for outdoor sport and recreation in the Green Belt is acknowledged, overall the proposal is considered to be inappropriate development in the Green Belt for the reasons referred to above.

Therefore in accordance with Government advice in PPG2 special circumstances would have to be demonstrated to warrant an exception to Green Belt policy and to allow the application to be permitted.

Planning Comments - Landscape Character/Visual Amenity

The site and surroundings forming part of the AONB are attractive open and rural in character and therefore the landscape design approach in this environmentally sensitive area requires careful consideration.

The applicant has confirmed that the vegetation along the edge of the approach drive will be retained and that the river bank edge will be retained and supported by laying a coir fibre blanket with jute reinforcement which will cope with changes in water level, scouring from boats and allow roots to penetrate the mesh.

The apron fronting the buildings would comprise reinforced turf, the existing prominent willow tree would be retained and tree and shrub planting is proposed around the apron and river edge and above the buildings. The proposed extensive retaining walls, retaining the bank round the buildings would be screened in parts by planting and the proposed buildings.

Parking at the site would be restricted to one operational parking bay and two disability parking bays secured by landscaping.

A permanent green roof garden is proposed to cover the main boat storage building; the earth specification and planting schedule will reflect the need for a low maintenance covering with the same climatic response as the natural habitat.

The proposed access track linking the site to the Park and Ride site would need to be engineered by some cut and fill into the existing topography and will be most visible looking northwards from the Park and Ride, but will be screened from riverside views looking east by existing vegetation.

Notwithstanding the issue of the openness of the Green Belt and concerns over loss of open rural character and appearance it is considered that the landscape design approach to the proposals, (including improvements since the previously withdrawn scheme and undergrounding of the proposed building), subject to conditions, would significantly reduce the visual impact of the proposals in its attractive and environmentally sensitive surroundings.

Ecology/Nature Conservation

Representations have been received concerned about the impact of the proposals on ecological and nature conservation interests including an existing glow-worm habitat. However the Council's Ecological Officer considers that the impacts of the development on the River Avon site of Nature Conservation Interest (SNCI) or the grassland SNCI, would not be significant subject to control by suitable conditions (A section 106 agreement is not considered necessary in this particular case given the limited nature of the development). The further information submitted by the applicants indicates that the proposals would not impinge upon the area within which glow-worms have been sighted in the area and this is accepted.

Footpath Diversion

An objection has been received to the 'closure' of the well-used footpath crossing the site. However the proposals (as revised) propose to divert the existing straight unmarked footpath crossing the site around and some 20 metres east of the existing route which in principle has been agreed by the Council's Public Rights of Way Officer. An Advice Note regarding the need for the Diversion Order to be confirmed and that the existing right of way should not be blocked at any time would be necessary if the proposal is permitted.

Parking/Access

The applicants have submitted evidence of a car parking agreement with Roper Rhodes Ltd of Brassmill Lane Trading estate to allow parking for up to 30 cars. The applicants claim that the rowers would use this facility at peak periods and walk approximately 500-750 metres along the river to the site rather than use The Boathouse public house or Park and Ride car parks. Clearly with access proposed via the Park and Ride Car Park then it would be much more convenient for rowers to park at the Park and Ride site and this would be difficult for the Council to control. However subject to a legal agreement and appropriate conditions to secure adequate off-site parking arrangements and to control the operation of the Club by means of a satisfactory management/operational plan to be submitted and also the scope of the use, it is considered, on balance, that the objections of Engineering Services to over-use or congestion of The Park and Ride site can be overcome.

Design

The design of the proposed above ground buildings incorporating slate roofs, ashlar cladding and timber joinery is in principle considered acceptable subject to conditions controlling details.

Flood Risk/Environment Agency/Wessex Water

Subject to conditions controlling compensatory flood storage and internal floor levels and relevant informative notes the Envi