Council refuses certificate of lawfulness for mixed-use site near Bath

Bath & North East Somerset Council has refused to grant a certificate of lawfulness for a site in Bath with a diverse range of uses.

An application submitted last December sought confirmation that the mixed uses at the agricultural buildings and land to the rear of 142B London Road West at Lower Swainswick would be immune from planning enforcement action as they had existed for more than 10 years.

The uses listed were a tour business, horse transport and operator business, vehicle storage area, retail, vehicle workshop, food bank, Christmas tree sales, non-specialised wholesale of food, storage business, car repairs, scaffolding yard and residents’ parking.

The application also indicated future plans to build six four-bed homes on the site.

The council received eight objections and two letters on behalf of objectors.

Those opposed highlighted that the site has hosted various activities but not consistently for 10 years, and that evidence for vehicle recovery use before 2020 was lacking.

They said the site’s character and intensity of use have changed significantly, especially since 2020, and the shift to 24/7 operations and the increased traffic has negatively affected nearby residents.

The site lies in the Green Belt and objectors observed that the current and proposed uses do not meet policy exceptions and risk setting a precedent for “further industrialisation”.

They also noted that the narrow access road is unsuitable for heavy vehicles, and the site has flooded multiple times recently so its use for vehicle storage and recovery is inappropriate.

A certificate of lawfulness is a legal document stating the lawfulness of past, present or future development. Council planning officers explained in their assessment that matters such as any potential impact of the use on residential amenity, Green Belt or the flood zone cannot form part of the assessment.

They said: “This issue of a certificate depends entirely on factual evidence about the history and planning status of the building or other land and the interpretation of any relevant planning law or judicial authority.”

In refusing the application they said: “The evidence before the local planning authority is insufficient to demonstrate that, on the balance of probabilities, the application site has been in use as mixed use consisting of a tour business, horse transport and operator business, vehicle storage area, retail, vehicle workshop, food bank, Christmas tree sales, non-specialised wholesale of food, storage business, car repairs, scaffolding yard and residents parking for over 10 years prior to the application date.”