The owner of a property in Bath that has been used without permission as a holiday let for up to 24 guests for 10 years has appealed against an enforcement notice.
Dorset Villa on Newbridge Road in Bath
In August 2023 Bath & North East Somerset Council issued the notice regarding nine-bed Dorset Villa at 14 Newbridge Road.
The notice said that without planning permission, the “nil use” property had been turned into commercial holiday let accommodation.
The owner, Michael Newby-Vincent, then sought retrospective permission last September to formally change the use of Dorset Villa to cater for a maximum of 24 people, but that application was refused by the council in November.
The planning officers’ report at the time noted that retrospective permission was sought for the change of from a guesthouse to commercial leisure holiday let accommodation.
It said: “The original description for the planning application was for a change of use from a dwellinghouse (C3) to commercial leisure accommodation (Sui Generis), however, there is no evidence that the building has lawfully been used as a C3 dwellinghouse in recent history.
“Planning history suggests that the lawful use of the property is as a guest house (Class C1) for up to 14 people. Other records show that the property has also been used as a large HMO (house in multiple occupation) between the guest house use and current use; however, there are no records of planning permission for this use, nor has evidence been provided that the use was continuous for at least 10 years and therefore became lawful.
“The property has been in the current use (as applied for) since September 2014.”
The council report noted that the semi-detached house is in a “predominantly residential area” and highlighted that the environmental protection team had received anti-social behaviour and noise complaints associated with groups of guests using the property as short-term holiday accommodation.
The report said there had been several formal noise complaints between 2021 and 2023, one of which resulted in a warning letter being issued.
The council received nine comments of support for the change of use and more than 80 objections.
The officers’ report said: “Comments received demonstrate a mix of neighbours’ experiences ranging from reports of significant disturbance from the use as a commercial holiday let, to feeling unaffected and undisturbed by the use.”
Concerns raised included that Dorset Villa was being used as a “party house” and that the noise pollution was affecting the mental and emotional wellbeing of neighbours.
Objectors spoke of experiencing noise and disturbance almost every weekend, particularly from hen parties at which drinking alcohol leads to “excessive noise and sometimes anti-social behaviour”.
There were reports of multiple taxis and other vehicles arriving to load and unload guests and causing obstruction and hazards, about parking on double yellow lines and cars packed on to the driveway that sometimes protrude onto the footpath.
The council’s highways team had raised no objection to the application on the condition that four secure cycle parking spaces were provided. They noted that the property is close to public transport links and that illegal parking and obstruction of footpaths is a matter for traffic enforcement and/or the police.
A supporting statement with the planning application highlighted the “valuable contribution towards tourist accommodation in the city, without resulting in the loss of active residential accommodation, whilst respecting neighbour amenity and providing sufficient parking”.
It also said that the owner lives in a flat adjoining the property so is able to monitor it when it is in use.
But the council said that no management plan had been submitted as part of the application. In refusing the retrospective planning application in November, the council said the change of use to a commercial holiday let for up to 24 people without on-site management “would result in additional noise and disturbance which would cause significant harm to the residential amenity of the neighbouring occupiers”.
The Planning Inspectorate website shows that an appeal against the enforcement notice appeal was lodged last month (12th June) by Michael Newby-Vincent.
This week, he told the Bath Echo that the property is not a “party house” but a self-catering holiday let.
He said there had been more than 100 anti-social noise complaints over 10 years and the council had very recently confirmed that there was one sole complainant. He also said that only two of the 80+ objectors to his retrospective planning application live close by and “the remainder live miles away”.
He said: “Being used without permission is the primary reason the matter has been appealed and the inspector has chosen to hold a public inquiry which is currently ongoing.”
Mr Newby-Vincent said the council had served the enforcement notice on a “nil use” as they believed all previous permissions had been abandoned. However, he said he and his team have compiled evidence to show the property was last used as a B&B in 1997 and that between 2002-2013 it was owned by Bath Academy who used it to house foreign students.
He said: “If the inspector agrees, then the house will not require planning as an existing use will have been proven and therefore a Lawful Development Certificate of 10-year use will then be applied for.”
As part of the appeal process. he and his legal team have offered a Section 106 unilateral undertaking to legalise the management on site.
Among the evidence he has collated is a letter from a local property consultancy which says the area is made up of a mix of uses and that the property appears to be a successful holiday let and well managed with many visitors enjoying their stay and providing very positive feedback.
The letter adds: “The current use of the property is supporting both the business and tourist industry in Bath, increasing spending in the local economy and further supporting local businesses.”
Dorset Villa has five-star reviews on the Tripadvisor website. Prices are said to start from £750 a night.
