Fosseway Environment Park, Fosseway, Englishcombe, Bath

The application for a certificate of lawful existing use applies to what is described as area A.

The Bath Preservation Trust has accepted that, while some arguments could be made to the contrary, the area
covered by buildings and hardstanding in 2002/3, when an Inspector reported on proposed development at this
location and the Secretary of State later made a ruling concerning that inquiry, has B2 use as a result of the
Secretary of State's ruling and the subsequent ruling in February 2013 by the Inspector considering the
enforcement appeal on the wider area of land.

If the application had been confined to that area covered by buildings and hardstanding in 2002, we would have no
problem with this application; indeed we could possibly support it as it would represent a useful clarification of the
site planning status by defining the only area, in our opinion, to have lawful B2 use within the area subject to recent
and on‐going enforcement proceedings. Indeed we are glad that there is no attempt in this application to suggest
that areas to the North East part of the overall site, including the area covered by processed rubble and concrete
hardstanding for the palisading, does have lawful B2 use. The onus is with the applicant to demonstrate both the
scope and the extent of the use for which a Certificate of Lawful Use is now being sought.

We do however consider that the area applied for has incorporated land to the south of the area which in 2002 was
not part of the buildings and hardstanding, and we are therefore obliged to OBJECT to this application. We also
query the appropriateness of the Council determining the application while enforcement proceedings continue,
which will determine the same issues with the benefit of evidence tested at a public inquiry