Planning Applications Reference:18/05704/FUL

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Type of Application:Full Application
Status:Pending Consideration
Address of Proposal:3 - 4 Bath Street, City Centre, Bath, Bath And North East Somerset, BA1 1SB
Proposal:Use of public highway for provision of outdoor seating area.
Planning Portal Reference Number:PP-07514430
Applicant Name:Fly Fitness
Agent Name:LPC (Trull) Ltd
Agent Address:Trull, Tetbury, Gloucestershire, GL8 8SQ
Case Officer Name:Samantha Mason
Date Application Received:24/12/2018
Date Application Validated:24/12/2018
Neighbourhood Consultations sent on:02/01/2019
Standard Consultations sent on:07/01/2019
Last advertised on:10/01/2019
Latest Site Notice posted on:10/01/2019
Expiry Date for Consultation :31/01/2019
Target Decision Date18/02/2019


ConstraintsAgric Land Class 3b,4,5, Article 4 Bath Demolition Wall, Article 4 HMO, Article 4 Reg 7: Estate Agent, Conservation Area, Listed Building, MOD Safeguarded Areas, Policy B2 Central Area Strategic Policy, Policy B4 WHS - Boundary, Policy B4 WHS - Indicative Extent, Policy CP12 Bath City Centre Boundary, Policy CP9 Affordable Housing Zones, Policy CR3 Primary Shopping Areas, SSSI - Impact Risk Zones
Related Property:3 Bath Street,City Centre,Bath,BA1 1SB.
Reference Proposal Application Received Status
96/00186/FUL .Change of use from bank (Use Class A2) to restaurant (Use Class A3) inlcuding alterations to shopfront and installation of 2 vents to rear elevation16/07/1996Approve
96/00199/LBA .Internal and external alterations to include alterations to shopfront, installation of 2 vents to rear elevation and erection of raised lettering to fascia sign and a hanging sign16/07/1996Approve
96/00196/AR .Display of externally illuminated raised lettering to fascia and a hanging sign16/07/1996Application Refused
97/00581/LBA .External alterations to shopfront, including removal of incised Nat West logo, new double bay window and signage30/06/1997Approve
97/00579/FUL .Alterations to shopfront, including removal of incised Nat west logo and 3no. ATM's and insertion of double bay window01/07/1997Approve
97/00678/LBA .Internal alterations28/07/1997Consent
04/03241/FUL .Proposed disabled ramped access to front of building06/10/2004Application Refused
07/00159/LBA .Internal alterations to form interview rooms17/01/2007Application Refused
07/02050/AR .Display of individual letters, logo and projecting sign27/06/2007Advert Consent Not Required
07/02052/LBA .External alterations to include the display of one set of individual letters and logo and one projecting sign27/06/2007Application Refused
07/03821/LBA .External alterations to include installation of one set of non-illuminated letters and the retention of the existing non-illuminated projecting sign20/12/2007Consent
16/03346/LBA .Change of use from A2 (Financial Services) to A3 (Restaurant)30/06/2016Listed Building Consent Not Required
16/03345/FUL .Change of use from A2 (Financial Services) to A3 (Restaurant)30/06/2016Application Permitted
17/00406/LBA .Refurbishment & improvement of the external access stairway comprising; new wrought iron access gate, new Bath Stone over panel and new Wrought Iron and Zinc Covered Canopy over the entrance to Flats 1-4, replacement of existing front door with georgian pattern door and insertion of new circular window, replacement Georgian Pattern Sash Windows within existing window openings, replacement Georgian pattern sashes to dormer windows and removal of existing railings and works to existing external walling28/01/2017Consent
17/00405/FUL .Internal and external alterations for the refurbishment & improvement of the external access stairway comprising; new wrought iron access gate, new Bath Stone over panel and new Wrought Iron and Zinc Covered Canopy over the entrance to Flats 1-4, replacement of existing front door with Georgian pattern door and insertion of new circular window, replacement Georgian Pattern Sash Windows within existing window openings, replacement Georgian pattern sashes to dormer windows and removal of existing railings and works to existing external walling28/01/2017Application Permitted
17/04255/LBA .Internal and external alterations for the change of use of lower ground floor, ground floor and first floor from Restaurant (use class A3) to Gymnasium (Use Class D2) and Cafe (Use Class A3) with associated works.04/09/2017Consent
17/04254/FUL .Change of use of lower ground floor, ground floor and first floor from Restaurant (use class A3) to Gymnasium (Use Class D2) and Cafe (Use Class A3) with associated works.04/09/2017Application Permitted
17/05998/LBA .Internal and external alterations for the installation of 2no velux rooflights and roof vents with repairs to roof valley/parapet gutters following removal of 2no unauthorised windows on the ground floor side elevation.08/12/2017Application Withdrawn
17/05996/FUL .Installation of 2no velux rooflights and roof vents and repairs to roof valley/parapet gutters following removal of 2no unauthorised windows on the ground floor side elevation.08/12/2017Application Withdrawn
18/05704/FUL .Use of public highway for provision of outdoor seating area.24/12/2018Pending Consideration
18/05705/AR .Display of fixed signage and 2 no. non-illuminated hanging signs.24/12/2018Pending Consideration
18/05703/LBA .External alterations to include the provision of new signage and area of penant stone floor outside premises.24/12/2018Pending Consideration

The Comments tab lists all public comments received on this application (not statutory consultees, e.g. The Environment Agency, Highways DC, etc). The majority of comments are submitted via our Comments Form through the website and you can expand the comment to view all of the text by clicking on the plus button. A minority of comments are submitted by post or email and it is not possible to include all the text here, however when you expand the comment you will see a link to our Associated Documents page where you can search for the comment.

Name Address Comment type Comment1 Comment2 Comment3 Date
Gemma S & Adam W Saltford , BS31 , S 23/01/2019: There’s nothing better than enjoying a cup of coffee/refreshments outside watching the world go by - this will be a great offering to the city... 23/01/2019
Nerys Evans 1 Kingston Avenue, Bradford On Avon , BA15 1IB, S 23/01/2019: The addition of outdoor seating would provide a welcome new dimension to this area of the city and can only be seen as beneficial to both local and tourism trades. The highway is used infrequently by vehicles and therefore such a facility should not cause any unwarranted concerns for public safety. 23/01/2019
Kelly Hinde 186 Englishcombe Lane, Bath , BA2 2EN , S 24/01/2019: I am local to Bath and totally support this application, we need more businesses, with positive attitudes. I also think supporting local businesses is great way of bringing the community together! 24/01/2019
Kristie Keyse 41 Brentry Avenue , Bristol, BS5 0DL, S 24/01/2019: I think this is a fantastic idea and support the application. The outside seating will give more customers the opportunity to sit out and enjoy the beautiful city of Bath and as it is a covered area this won't just be limited to sunny days. We should be encouraging local, independent businesses that want to enhance the city. 24/01/2019
Caroline Botley The Old Rectory, 6 Bradford Road, Rode, BA11 6PR S 26/01/2019: I support the idea of a gym combined with cafe serving healthy food in a central location near to main shopping area. 26/01/2019
Isobel Sheldon Flat 6, 1 Bilbury Lane, City Centre, Bath, BA1 1AZ, O 10/01/2019: I live in the flats, which are in a building which is contiguous with this new "facility" - it is actually attached. The postcode is BA1 1AZ.
My main objection to the serving and consumption of food and drink outside is the RUBBISH that will be created by having seating and tables outside. If waste matter is not cleared up properly, several times a day, it will attract yet more seagulls than we have in the area already, to say nothing of rodents and other vermin which will feast off half- eaten but abandoned snacks and their packets, eventually spreading filth and maybe disease. What arrangements are being made for the refuse bins for this establishment and what reassurance can be given to their neighbours who will be seriously affected by rubbish not managed properly?
Secondly, I need to ACCESS OR LEAVE my property several times a day in peace and safety. I do not want to have to step onto the road or lose the facility of the pavement and the covered walkway to do this, or to weave between table and chairs. The pavements are PUBLIC and are for the safe movement of pedestrians: they are not for tables and chairs and gatherings of people.
Thirdly, there are often big QUEUES which form to use the cash machines and the Thermae Spa. Has it been considered how these queues will be managed if tables and chairs are allowed; and with the subsequent melee of people, how I can safely arrive at or depart from my property?
Fourthly, Bath Street is already seriously choked at the time of the CHRISTMAS MARKET. Getting to and from my property becomes extremely difficult, hazardous even, and it is unreasonable to put any more stress on residents or on this iconic street.
Fifthly, BATH STREET is iconic because it is the home of the Cross Bath, of the Thermae Spa, because it affords an unrivalled view of the attractive entrance and exit to and from the King's and Queen's Baths / Pump Room and it has the unusual feature of the pillars and covered walkway. Tables and chairs, litter and miscellaneous people who will detract from the many photographs that are taken of this tiny, picturesque and historic street will devalue a special part of Bath. Both and the the residents who have chosen to make their home here and the tourists who visit it deserve better than this abhorrent idea.
Ian Tarr Flat 7, 1 Bilbury Lane, City Centre, Bath, BA1 1AZ, S 23/01/2019: I am a resident of the building immediately adjacent to this property and write in support of their application, which is also supported by the majority of my building’s residents (dissenting comments have been posted separately by residents occupying two of the seven properties within our building).

We (the majority of residents) are in favour of the application as we consider that outdoor seating, if properly managed by the small business that will operate the proposed cafe, will enhance our immediate neighbourhood. We do not believe that the proposed seating area will obstruct us or present a safety hazard, nor will it detract from the enjoyment of views along Bath Street - we disagree with the objections made by “Bath Heritage Watchdog” in this regard. Moreover, we are strongly in favour of the proposed improvements to the covered area nearest to our property (leading into Bilbury Lane), as this is currently a filthy and neglected area that will benefit substantially from the proposed new paving and associated cleaning and new signage. As the tables subsequently placed there will be used for the consumption of food served from the cafe, the cafe operators should be obliged to maintain it in a clean and hygienic state, much to our benefit.

Although the associated application (17/04254/FUL) for the property included a “recycling store” located within the ground floor interior, we remain concerned that the proposed exterior seating area will, in practice, be kept litter free at all times, especially given the problems with pigeons and gulls in this area. If, therefore, ongoing maintenance of the exterior seating area in a clean and litter free state is a planning issue, we would strongly support any provisions that make this a specific requirement for approving the application.

Comments from others have drawn attention to queues to nearby businesses - notably the Thermae Spa (as well as poor crowd control by the Christmas Market when in operation) - that at times cause congestion in this area. We note also objections raised by Highways - citing queues seen in front of Santander's cash machines - in the area leading into Bilbury Lane; this is the same area where we strongly support the proposed improvements included in this application. Whilst the potential for congestion may be exacerbated by seating in this area, the root cause is poor (or non-existent) management of the queues by the businesses responsible for them; the businesses in question (Thermae Spa and Santander) need to address and solve any congestion problems caused by their queues irrespective of this application, rather than allowing them to persist and be used as a reason to object to these plans that aim to improve and enhance the area in question.
Robert And Jane Lapraik Flat 1, 1 Bilbury Lane, City Centre, Bath, BA1 1AZ, S 22/01/2019: We are residents of the flats next door to this property and we support this application and concur with the more detailed comments made by Mr Ian Tarr. 22/01/2019
S Crooke Flat 4, 1 Bilbury Lane, City Centre, Bath, BA1 1AZ, O 10/01/2019: Despite having a totally different street address we are the immediate neighbours to this property, being physically attached to the side and rear of it. Our front entrance will almost adjoin the proposed external seating area. This will obviously not only be unsightly for us but also very obstructive in our normal immediate movements in and around our street entrance.
It will also mean that we will lose the covered walkway that we , and every other street user, historically benefits from. As well as the inconvenience and damage to the historic walkway street scene that the tables will unavoidably create, there will almost certainly be rubbish and rubbish bins unnecessarily littering the walkway. These are currently restricted when the property was being used as a bank, and not allowed to spoil the street scene nor restrict the hygienic free access to our property.
Additionally, especially during the summer months, the queue from the Thermae Spa Baths frequently extends all the way along Bath St from the door of the Baths , past Banco Santander, and passed the cloistered end of Bilbury Lane. This queue would now run into these new open air street tables......organised , or rather totally disorganised , chaos will ensue!!
Then add to this problem, the queues that extend in the summer , and during the Xmas Market, from the two Bancon Santander Cash machines !! Totally impracticable and unmanageable already, let alone when fighting for space with unnecessary restaurant tables.
On top of these issues, you then have to bear in mind the existence and extent of the Huts for the Xmas market ! They run the whole length of both sides of Bath St for 3 to 5 weeks including their construction and deconstruction . The rears of the huts already encroach under the covered walkway area...add to this these additional tables and chairs, and there will be ZERO free passageway along Bath St, particularly for permanent residents who don’t have any choice about having to use Bath St to access their property.
Having already covered the obvious inconvenience and obstructive nature of this proposal, one also has to consider the massively damaging effect on the overall historic street scene on one of Bath’s major prime tourist spots! All year round, tourists are walking up and down Bath St between the Pump Room and the Cross Baths , taking their prime photographs of the beautiful , unhindered cloisters and the historic views at each end. I’m sure that a Walls Ice Cream umbrella and a dozen filthy cluttered tables with waste bins will greatly enhance the photographic apppeal of our City. Not!
Lastly, the existing current planning permission was granted on the basis of a “ soft” cafe or rather a small,casual refreshment outlet being created on the ground floor of a 2 storey gym offering a quick drink and possibly a sandwich or piece of cake to the gym users....not a large scale commercial restaurant proposition that would naturally follow this horrible destruction of an historic ,attractive , covered right of way, that would make the free access to our property almost prohibitive, particularly during the summer and Xmas Market months!!
Best regards,
Caspian Flynn Flat 5, 1 Bilbury Lane, City Centre, Bath, BA1 1AZ, S 22/01/2019: Hello,
On balance and to a large extent we are in favour of this application as we believe it will improve the general hygiene and ambiance around our entrance gate on Bilbury Lane. We also concur with the comments made by Mr Ian Tarr of Apartment 7.
Partners Of Synergy Construction C/o Duncan Ball 2 Bath Street, City Centre, Bath, Bath And North East Somerset, BA1 1SA O 21/01/2019: Synergy Construction and Property Consultants LLP is a tenant of premises at 2 Bath Street Bath BA1 1SA. Following receipt of a notice of application for external seating on the public footpath for use in conjunction with the proposed café at 3/4 Bath Street, we raise the following objection and concerns:

The proposed external seating area outside 3/4 Bath Street would abut the sheds, which are constructed annually in Bath Street for the Bath Christmas Market. It is already difficult at times to access our premises during the Christmas Market period due to the sheer volume of visitors, and the queue for the Thermae Spa is often from the doors to the Spa up to the entrance to our premises. This would result in the public thoroughfare being blocked, which would in turn impede access to and egress from our office entrance and one of our means of escape in the event of an emergency.

If the proposed external seating to be provided by the Applicant is to be their designated smoking area, the smoke would drift up through any windows we have open and into our non-smoking offices. Also, there would be an increased fire risk due to lit cigarettes if general waste is not managed. We would ask that, if the application is to be granted consent, that consideration to the proposed seating area being required to be ‘non-smoking’ for these reasons.

The application contains no detail as to how general and food waste will be managed to prevent issues with gulls, rodents, and potentially arson attack.

We trust that the serious concerns we have with the application will be considered as part of the approval process and should you wish to discuss them in further detail, please do not hesitate to get in touch.

Submitted by Duncan J. Ball, Partner, on behalf of Synergy Construction and Property Consultants LLP 2 Bath Street Bath BA1 1SA
Richard Campbell Flat 2 , 3 - 4 Bath Street, City Centre, Bath, Bath And North East Somerset, BA1 1SB S 22/01/2019: As someone who has just signed the lease for one of the flats above this property I think it's a fantastic proposal to have outdoor seating on this street. For a small cafe to have some seating at the front, it would create one of the few in places in Bath you would be able to sit outside in all weathers. What a wonderful way to take in the street scene! Why can't we be more like Barcelona which is full of places to sit and socialise whilst taking in the sites - surely with the high-street under such pressure, the council will support applications from new independents who are wiling to invest in these difficult times. 22/01/2019
Bath Preservation Trust Bath Preservation Trust , 1 Royal Crescent, City Centre, Bath, Bath And North East Somerset, BA1 2LR O 31/01/2019: Object: The Trust objects to this element of the application. Tables and chairs are not an acceptable addition to the front elevation of this highly significant listed building nor to its setting which includes the Baldwin colonnades of Ionic columns. These iconic colonnades should be left uncluttered and empty of furniture in order to ensure that their special architectural and artistic interest is preserved and can be appreciated as a group. Adding furniture to this area would create an undesirable precedent which could lead to cumulative harm to the heritage asset. It is also not acceptable to just have furniture in Bilbury Lane as this would also clutter the setting of the heritage asset (Baldwin’s Colonnades) and furniture could spill over into Bath Street over time and changes of management.
The proposed scheme would neither preserve nor enhance the special interest of the listed building and 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 Building and Conservation Areas) Act 1990, Section 16 (Conserving and Enhancing the Historic Environment) of the NPPF, policies B1, B4, and CP6 of the B&NES Core Strategy and policies CP6, D2, D5, HE1, D9, B.4, of the Placemaking Plan. We would therefore recommend the application be refused.
Nigel Evans 1 Kingston Avenue, Bradford On Avon, BA15 1JB S 22/01/2019: From initial appearances this seems to be an up
market establishment and will be an asset to the centre of Bath. The road/pavement this application relates to is fairly underused and this will encourage people down the street to explore other parts of Bath.
Gary Hinde 186 Englishcombe Lane, Southdown, Bath, Bath And North East Somerset, BA2 2EN S Documents Tab 22/01/2019
Harry Ireland 2 Arundel Drive, Stroud, GL5 3SH R 22/01/2019: Outdoor seating would be a fantastic idea and lovely in the summer 22/01/2019
Jayne Smith 2 Ellsbridge Close, Keynsham, Bristol, Bath And North East Somerset, BS31 1TB S 22/01/2019: This seems to be the perfect place for an outdoor seating area. It doesn’t obstruct the main thoroughfare and will add to the overall ambience of the area. Bath lacks cafes where people have the opportunity to sit outdoors and enjoy the world heritage centre. It would be a welcome addition to the landscape. I support this application. 22/01/2019
Wes Hosie 25 Bath Place, Taunton, TA1 4ER S 22/01/2019: I am writing to support the application of additional outdoor seating for Fly Fitness. They are bringing a thoroughly exciting business to the city, which is not only needed but looks set to bring the city something different and valuable. With the health and fitness scene becoming a part of wide popular culture, their unique and holistic wellbeing approach to health and fitness is refreshing. Having a space to improve your fitness and eat nutrient rich foods in a central location is something the city should be promoting. I can see how outdoor seating will encourage more people to join their community and try healthy alternatives. I look forward to their opening and would encourage you to grant their application, if anything I’m a bid to encourage the city to try healthy alternatives and join and space focused on how you feel rather than how you look. 22/01/2019
Sharon Hayward 4 Hetling Court, City Centre, Bath, Bath And North East Somerset, BA1 1SH S 22/01/2019: I support the application 22/01/2019
Lauren Ireland 50 Walmesley Chase, BA14 7HY S 22/01/2019: I think outdoor seating is a lovely idea and well placed. 22/01/2019
Jenn Riando Flat 22, The Quadrant, Barleyfields, BS2 0NA S 22/01/2019: More places to sit out and enjoy this beautiful city would be most welcomed! 22/01/2019
Dominic Stent Old Well Cottage, 23 Charlton Road, Keynsham, Bristol, Bath And North East Somerset, BS31 2JB S 22/01/2019: What a great idea! This will certainly add to the ambience in the area. 22/01/2019
J Coward Rogers Orchard , Upper Street , Dyrham , SN14 8HN S 22/01/2019: I am very much in support of anything that brings more income to our city and anyone investing in saving the city centre from more boarded up, empty eyesore sites. The fact that this site sits off the main shopping thoroughfare in a relatively quiet but beautiful street seems ideally suited to al fresco eating and drinking. 22/01/2019
Oliver Barnes Flat 3, Cleeve Court, Main Road, Bristol , BS49 4PE S 22/01/2019: It’s rare to see under covered outside seating in central Bath so this would be a welcomed addition alongside a boutique gymnasium offering. I commute to Bath and think this would be well suited and much to the needs of the local people, particularly during the summer months. 22/01/2019
Lauren Barnes Flat 3, Cleeve Court, 68 Main Road , BS49 4PE S 22/01/2019: I commute to bath frequently and I feel that this application would be a fantastic addition to bath and the fitness scene. 22/01/2019
Paul Holman Cloisters, Perrymead, Lyncombe, Bath, Bath And North East Somerset, BA2 5AY S 23/01/2019: No negative impact from a road access perspective. Will be a positive contribution to Bath's city centre's environment and popular with tourists. 23/01/2019
Bath Heritage Watchdog Not Given O Documents Tab 14/01/2019
Ann Crooke Flat 4, 1 Bilbury Lane, City Centre, Bath, BA1 1AZ, O 21/01/2019: I am concerned about this application. Having looked at other outdoor seating areas in Bath the amount of tables seems excessive. We were told the cafe was to service the gym members not all of the tourists Also where are the smokers going to go -outside our gate? If the tables aren’t regularly cleaned there will be pigeons everywhere . Where are people supposed to walk when Xmas market is on. Finally it will ruin the view between the pump room and the Crossbaths. 21/01/2019