A bid seeking prior approval to change the use of two agricultural buildings at New Leaf Farm at Bathampton into a hotel has been withdrawn after concerns were raised by a planning officer.
The entrance to New Leaf Farm Holiday Cottages | Image © Google Street View / Google 2024
Steven Horler, who is married to Bath & North East Somerset Council leader Councillor Kevin Guy, had submitted the application.
On the application form it stated: “The total area changing to Hotel (C1) use is 284m2 and this is split between 2 agricultural buildings.
“The accommodation will operate all year to provide accommodation in what is currently two agricultural buildings. There will be up to 9 bedrooms in total accommodating up to 18 guests, plus associated hotel facilities.”
There are already nine self-catering cottages and apartments on the farm at Mill Lane.
After we wrote about his prior approval request last month, Mr Horler contacted us to clarify that New Leaf Farm had “merely notified the council that it is exercising its rights under the permitted development legislation (class R) for agricultural buildings to use for holiday accommodation”.
He added that New Leaf Farm is owned by his father and that neither he nor Councillor Guy owns anything there.
Now Mr Horler has withdrawn the application on the advice of the planning officer dealing with the case.
The officer said that having reviewed legislation and relevant case law, the smaller western structure would not benefit from permitted development rights, and that “if this structure were to constitute a building, its lawfulness as such is presently unclear”.
The officer also advised that analysis of aerial imagery from April 2014 indicates that construction of the larger, eastern building had not begun prior to 10 years before the date of the present application being submitted.
He said: “As such, the balance of evidence is against the building having solely been in an agricultural use as required by Schedule, 2, Part 3, Class R Paragraph R.1(a)(iii) of the General Permitted Development Order 2015 (as amended).”
He advised Mr Horler to withdraw the current application “with a view to reapplying for change of use of the eastern building in due course once it can be conclusively demonstrated it has been in agricultural use for 10 years”.
Mr Horler declined to comment on the withdrawal of the application.
