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Myrtle Farm Cottage Myrtle Farm The Street Regil

25/P/1798/FULFull ApplicationRefused
Full

Refused on 24 October 2025

Council decision: RefuseDelegated (officer decision)1 reason for refusal

Approximate site (title boundary)
Boundary © HM Land Registry, © Ordnance Survey · details

This information is subject to Crown copyright and database rights 2026 and is reproduced with the permission of HM Land Registry. The polygons (including the associated geometry, namely x, y co-ordinates) are subject to Crown copyright and database rights 2026 Ordnance Survey AC0000851063. Conditions of use.

Proposal

Section 73 application to remove conditon 2 attached to planning permission 1649/81 (Granny annexe) to allow for the classification of the building as a seperate residential dwelling with no legal tie to Myrtle Farm.

Received
1 September 2025
Decision level
Delegated (officer decision)
Public comments
1
Council
North Somerset
Ward
Winford
Agent
Cave Associates
  1. Received1 Sep
  2. Validated1 Sep
  3. Consult.
  4. Target
  5. Decided24 Oct

Decided in 53 days (council typically 56)

About this application

This is a full planning application for an outbuilding at Myrtle Farm Cottage Myrtle Farm The Street Regil. North Somerset has handled 5,093 applications of this type. This one was decided in 53 days, 3 days quicker than North Somerset's typical decision time. There has been 1 other application at this address. In the past year there have been 88 applications across Winford. We hold 2,267 applications in total for the BS40 postcode area.

90% of full applications at North Somerset were approved. Across all application types, the council typically decides in about 8 weeks (median).

Based on decided applications received in the last 3 years.Planning something similar? See what gets approved on your street

Why it was refused

  1. The proposal to remove Condition 2 attached to application (Granny annexe) to allow for the classification of the building as a separate residential dwelling would result in the proposed use (residential dwelling) conflicting with the description of development as originally approved (Granny annexe). Finney and Fiske case law explains that when the proposed changes conflict with the original description of development, it no longer falls within the remit of a section 73 application. Thus, a section 73 application cannot change the original description of development and this proposal cannot be approved through a section 73 application type.

From the council's decision notice.

Application details

Postcode
BS40 8BB
Application type
Full Application
Scale / size
Small
Parish
Winford

Planning application dates

Date validated
1 September 2025
Decision issued
27 October 2025

Applicant and agent

Agent
Cave Associates
Agent address
Lower Farm House Faulkland Radstock Somerset BA3 5XD

Additional information

Documents
5

Site constraints

Checking the site
2/3
Council recordsAppealsFlood risk

Designations that overlap or adjoin the site outline.

  • Green belt: North Somerset
  • Flood zone 1: Low probability (rivers and sea)
Also checked, none recorded (23)

flood storage areas, conservation areas, listed buildings, Article 4 directions, tree preservation orders, scheduled monuments, World Heritage Sites, World Heritage Site buffer zones, registered parks and gardens, registered battlefields, Heritage at Risk entries, nutrient neutrality catchments, national parks, National Landscapes, SSSIs, Special Areas of Conservation, Special Protection Areas, Ramsar sites, ancient woodland, national nature reserves, local nature reserves, heritage coasts and brownfield registers.

A guide only, from official open data; it is not a planning search. Flood zones cover rivers and sea, not surface water.

Data © Crown copyright and others · sources and licences

Contains public sector information from planning.data.gov.uk (MHCLG and local planning authorities), licensed under the Open Government Licence v3.0. © Crown copyright and database right 2026.

© Historic England 2026. Contains Ordnance Survey data © Crown copyright and database right 2026. The Historic England GIS Data contained in this material was obtained on 2026-11-03. The most publicly available up to date Historic England GIS Data can be obtained from HistoricEngland.org.uk.

© Natural England copyright. Contains Ordnance Survey data © Crown copyright and database right 2026.

© Environment Agency copyright and/or database right 2026. All rights reserved. Flood Map for Planning, Open Government Licence v3.0.

Contains Ordnance Survey data © Crown copyright and database right 2026.

Source: Office for National Statistics licensed under the Open Government Licence v.3.0. Contains OS data © Crown copyright and database right 2026.

Planning history at this site

1 other application at this property, newest first.

  1. 2026
    28 Feb

    Proposed change of use of existing granny annexe to form 1no. dwelling

    ApprovedApplication25/P/2400/FUL

Source: North Somerset

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