Developer loses appeal over houses proposed in Weston woodland

A developer has lost his appeal to build four “beautiful high-quality homes” in woodland on the edge of Bath.

The site on Osborne’s Lane in Weston

The planning application for land off Osborne’s Lane was submitted to Bath & North East Somerset Council by Context Planning on behalf of Mr P Ealey in August 2024.

After permission was refused last summer, the developer appealed in January and now a planning inspector appointed by the Secretary of State has thrown out the appeal.

The council had received 90 objections and 77 comments of support for the self-build scheme of detached houses at what is known locally as Westbrook Woodlands.

The land shares a boundary fence with Weston All Saints Primary School and also borders the Cotswolds Area of Outstanding Natural Beauty and Green Belt, as well as houses at Westbrook Park, Symes Park and Broadmoor Lane.

The new houses were being proposed along the western side of the site, and the plans showed established tree groups would be kept and integrated into the layout.

The application highlighted the need for new housing, and that the site is in a sustainable location.

Council planning officers gave several reasons for refusing the plans in July 2025, including the loss of deciduous woodland, the harmful “urbanising” effect of the development and concerns about biodiversity net gain (BNG).

They said the proposals failed to show they would conserve or enhance the character of the local landscape and important views, or the landscape setting of Bath, and avoid harm to the setting of the World Heritage Site or Green Belt.

Now planning inspector Martin Allen has ruled that the development would have harmful impacts which would “significantly and demonstrably” outweigh the benefits.

In the scheme’s favour, he said there would be a contribution towards providing housing, although small, and some small social and economic benefits.

He noted the biodiversity gain that would be secured under a habitat management and monitoring plan, and that there would be an increase in natural surveillance of the lane and site.

However, he said the lane looks rural and although there are properties nearby, they cannot be seen. He said: “The proposed development would result in an obvious and in my view detrimental degradation of this environment.”

His report continued: “The scheme necessitates the creation of two new vehicular access points along the length of the lane which would puncture the roadside vegetation.

“These would not be insignificant in their extent and width and would create two severe gaps in the site boundary. This would unacceptably degrade the rural lane feel at this location and be intrusive.”

He said a woodland Tree Preservation Order (TPO) covers all existing trees and also any trees that grow naturally after the making of the TPO.

“I note the intention of the appellant to retain trees with the proposed dwellings positioned amongst them. However, some of the retained trees would be positioned in close proximity to the dwellings, particularly the dwelling to plot A, and their garden areas.

“There is significant potential for the trees to be considered to be overbearing and a future risk by the occupiers of the properties.

“In this respect, I find that there is likely to be future pressure to significantly prune or remove these retained trees, which would significantly diminish the positive and important contribution that they make to the area.”

The inspector did not consider there would be any adverse effect on the setting of the World Heritage Site or impact on the Green Belt and Cotswolds National Landscape, but said there would be harm to the immediate locality of the appeal site.

Although acknowledging the BNG from the development, he said there would be an “unacceptable loss” of green infrastructure from the likely loss of trees in the future.

An application made for a partial award of costs against the council was refused by the inspector.