An appeal has been launched after the planning permission to build bungalows in South Bristol was refused due to the impact on flooding and ecology. Bristol City Council initially rejected Alex Fry's plans to build five bungalows in an empty green space just off Marksbury Road after fears over the increased risk of flooding from the River Malago.
The initial plans included demolishing the house at 149a Marksbury Road to make way for a two-metre footpath to the site. The bungalows are proposed on a small plot of land previously home to green habitats and nature but it was cleared to a wasteland in 2019.
Other concerns about the plans included access to the constrained site for fire engines, ambulances, and potentially disabled residents. There were further questions over whether the council's restrictive covenant would stand up to protect the land from development.
Read more: Residents fight to stop 'drama' unfolding new homes proposed on green space
In August 2022, councillors on the development control committee voted unanimously to refuse planning permission for the five single-story homes. Permission for larger schemes on the site had previously been refused and appealed to the planning inspector, which was ruled out. Developers now seek an appeal to overturn the decision on the bungalows.
The appeal letter submitted in December 2022 on behalf of Mrs Fry by planning consultancy Stokes Morgan recognised the plot of land was in Flood Zone 2 - having a medium probability of flooding - but said “it is defended and at low risk from flooding” from the River Malago. It went on to say that “suitable mitigation has been proposed” for drainage.
A resident who lives in a property surrounding the plot, who asked to remain anonymous, is objecting to the appeal to build the five new homes. They provided a photograph of the flooding in their garden, which shares a border with the plot, after torrential rain hit Bristol this January, claiming their land is higher than the plot in question.
They said: “The north point of my garden floods and takes weeks to drain even in good weather. Building on this land will displace more water and put the surrounding buildings at risk of flooding.”
The appeal letter also stated it deemed the space a "low-to-moderate habitat value which has historically been the subject of fly-tipping" written in the council's ecology report. It added that “members gave too much weight to anecdotal evidence from neighbours, and no weight to the professional opinion of the Ecologist."
Developers bought the land from Bristol City Council for £6,000 and a covenant was placed on the land, preventing any development from taking place beyond agricultural use. The site was cleared in November 2019 before the developers carried out necessary ecological surveys, which concluded that "nothing of particular value" was found living on the site.
The resident has said the community action group has recorded evidence of badgers living on the land, which was registered with the Bristol Regional Environmental Records Centre. “The badgers spent some months tunnelling under my fence from the land into my garden. The land is landlocked and they have no access points around the perimeter,” they explained.
Access was another concern raised throughout the dispute, with the resident claiming the appeal on providing adequate access was "inaccurate" due to the proximity to other dwellings and that disabled people who lived there "would be trapped and not able to reach the exit in case of an emergency".
In the appeal, the letter states that it received confirmation from Avon Fire Service that the proposed sprinkler system "satisfied their requirements", which was ignored by members on the ground of inadequate access for emergency vehicles. Transport Officers confirmed that the site "was accessible to Manual for Streets standards."
It also said: "The proposal is not for wheelchair-accessible dwellings and access through the site for all members of the community meets the adopted policy requirements."
The developers and the residents await the outcome of the appeal submitted to Bristol City Council. Stokes Morgan has been contacted for comment.
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