25 Upper East Hayes, Walcot, Bath, Bath and North-East Somerset, BA1 6LP.

Our Response

The proposal site is located within the World Heritage Site (WHS) and the Bath-City wide conservation area. The character of buildings in the immediate vicinity of the site is varied, mainly consisting of dwellings of various periods. Several listed buildings are located to the north-east of the site, including No. 28 Upper East Hayes.

The subject application relates to application 19/00230/FUL (demolition of existing dwelling and erection of 2 No. dwellings, new vehicular and pedestrian access, landscaping and associated works). BPT objected to the scheme, which was refused by the Local Planning Authority and subsequently allowed on appeal.

The application seeks to remove condition 17 (“The existing upper retaining wall on the site shall be retained at all times”) of the decision for 19/00230/FUL and suggests the following altered text,

“The existing upper retaining wall on the site is to be re-built to the engineer's specification using the original ashlar blocks where visible above ground level and on face of retaining wall. Any additional or replacement blocks required must match the existing.”

With regard to the 2019 application BPT commented “We agree with local concerns regarding the regrettable loss of the old stone revetment wall which is a positive townscape feature”. In the appeal decision the Planning Inspector stated “My attention has also been drawn to the importance of the existing rear retaining wall on the site and its potential historical qualities. I note that this wall would be improved and retained as part of the development. A suitably worded condition would ensure its retention.” (para. 9, p. 3).

From the material submitted in support of the subject application, it appears that the boundary wall has a number of ashlar and concrete blockwork buttresses, has been subject to rebuilding and has cementitious mortar, some of which is failing. It has no weep holes, is listing out of vertical, the ashlar is degrading, the wall is generally unstable and the form of the foundations is unknown.

It is likely that the wall, at least in part, dates from the nineteenth century; however, its condition requires intervention and that proposed, which includes the retention of ashlar where possible and any replacement stone to match the existing, appears to be an appropriate method which will retain historic characteristics and provide stability.

Condition 2 of the 2019 application relates to the approved plans and drawings. The proposed ‘replacement’ drawings depict a scheme broadly similar to that as approved. Whilst it is noted that the fall back is of course the 2019 scheme and that BPT finds the principle of some form of development on the site acceptable, we broadly retain our reservations with the development as follows.

The form of the two buildings overdevelop and overtake the plot and as proposed they present a monolithic appearance that is over-dominant within the townscape. This is exacerbated by their solid box-like rectilinear forms and the hard landscaping which are alien to local character.

It is very possible the dominant forms also impact detrimentally on the setting of the adjacent listed buildings, particularly No. 28. The narrow access road to the site, historically to mews buildings, gives a clue as to the appropriate amount of development this land could comfortably accommodate. The buildings should be broken down more by size, form and design to reference and respect the quality and grain of the local character and to allow more glimpses and views past the buildings, which is a feature of Bath’s townscape character.

Ideally they should sit within a larger green space to give them an appropriate setting and sense of place (this would require them to be scaled down in size and plan); pockets of green land and gardens form part of the character of this part of the conservation area, as well as reference the historic use of form of this vicinity in relation to the listed assets in close proximity.

The proposed development would fail to maintain or enhance the character of the conservation area. It would therefore detract from the special qualities of the WHS. The scheme would be contrary to the Planning (Listed Buildings and Conservation Areas) Act 1990, Section 16 of the National Planning Policy Framework and policies CP6, D2, D7 and HE1 of the B&NES Council – Core Strategy and Placemaking Plan incorporating the Local Plan Partial Update, Volume 1: District-wide Strategy and Polices, and polices B1, B4 and BD1 of the B&NES Council – Core Strategy and Placemaking Plan incorporating the Local Plan Partial Update, Volume 2: Bath.