- Decision
- approved, 2 September 2026
- Decided by
- Council planning committee: B&NES Planning Committee (vote 5-4)
- Authority
- Bath and North East Somerset (South West)
- Application reference
- 26/00259/FUL
- Procedure
- committee
- Development
- Change of use of redundant commercial (former railway) site to sports facility; 5 padel courts with canopies, pavilion, 25 parking spaces
- Site context
- green belt, national landscape, PDL, settlement edge
- Green Belt
- Yes (grey belt accepted)
- Framework applied
- August 2026 NPPF
- Determinative policies
- GB7(1)(g), TR3, N4
- Development plan policies
- B&NES Core Strategy CP8, CP6, B4, Placemaking Plan D1-D4, SCR7, LPPU D5
- Main issues
- grey belt for non-housing use; unmet need evidence; sustainable location; amenity/noise
Summary
A five-court padel centre on redundant former railway land next to Bathampton village, in the Green Belt and the Cotswold National Landscape. Officers took the GB7(1)(g) grey belt route rather than the outdoor sport route in GB7(1)(f), and passed every limb. The "evidenced unmet need" limb was met for a leisure use from the absence of any padel facility in the district and the weight of supportive representations. Approved 5-4.
Issues and findings
- Grey belt: PASS. "the site sits within a clearly defined parcel of land which is well bound by the railway line, Tyning Lane and the existing settlement of Bathampton … Development of the site would not result in an incongruous pattern of development" (Report item 5, §2). On purpose (b): "As Bathampton is a village the site does not strongly contribute" (§2).
- Unmet need (ii) for a non-housing use: PASS. "several of the third party representations received, highlight that at present there are no Padel facilities in the district … Accordingly, it is considered there is a demonstrable unmet need for the type of development proposed" (§2).
- Sustainable location (iii): PASS. "The site can be readily accessed on foot and by bicycle as well as from bus services which serve Bathampton and Batheaston" (§2).
- National Landscape: the scheme preserves natural beauty and so furthers National Landscape purposes (§3).
- Balance: a slight conflict with the local sports policy SCR7 is "clearly outweighed" by jobs and health benefits (§14). No S5(5) balance is set out expressly.
What made the difference
The land was previously developed and physically enclosed, next to a village rather than a town. Purposes (a) and (b) therefore fell away easily. The notable point is the low evidential bar applied to limb (ii) for a leisure use: support letters and the absence of existing provision were enough.
Transferable points
- For non-housing uses, officers accepted GB7(1)(g)(ii) "evidenced unmet need" from third-party representations and the absence of provision in the district (Report §2). Footnote 41's supply definition applies only to housing.
- A former railway site next to a village is readily grey belt: purpose (b) is not engaged by villages, and physical enclosure defeats purpose (a).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| AnnexB:grey-belt | pass | former railway land bounded by railway, Tyning Lane and village; (a) contained; (b) Bathampton a village so not engaged; (d) no historic town effect | |
| GB7(1)(g)(i) | pass | confined, reuses formerly developed land | |
| GB7(1)(g)(ii) | pass | need for non-housing use evidenced from representations — no padel facility in the district, players travel to Wiltshire/Somerset/Bristol; earlier permissions unimplemented | |
| GB7(1)(g)(iii) | pass | accessible on foot, by bicycle (towpath/toll bridge) and by buses serving Bathampton/Batheaston | |
| N4 | pass | screened, preserves natural beauty of Cotswold National Landscape | |
| TR6 | neutral | 192 trips, not severe; member concern on private access road and school drop-off addressed by session-time restriction |
Key facts
- Previously developed former railway land, enclosed by tree planting, within Cotswold National Landscape and Bath WHS setting
- Grey belt "unmet need" limb satisfied for a sports use from third-party support and absence of any padel provision in the district
- Approved 5-4; dissent on amenity and access junction near a school
Related decisions
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.