Residents of a small Somerset village have cause for celebration after a developer lodged three separate legal challenges against new homes.

Lochailort Investments Ltd. has been seeking to deliver dozens of new homes in the village of Norton St. Philip, between Bath and Frome, after completing the first phase of the Fortescue Fields development.

The developer put forward three sets of amended plans for two sites in the village in April 2023 – two sets for the second phase of Fortescue Fields, and one for a further eight homes to the north.

After Somerset Council failed to make a decision on any of these plans within a reasonable amount of time, the developer lodged an appeal with the Planning Inspectorate, culminating in a public inquiry in the summer of 2024.

The inspector has now dismissed all three appeals by the developer – meaning none of the planned homes will see the light of day.

The site for phase two of Fortescue Fields was originally allocated for development within the Mendip Local Plan Part II, which was approved by Mendip District Council in December 2021.

However, this site and four others in the former Mendip district were removed from the plan following a successful judicial review by Norton St. Philip Parish Council in December 2022.

The site was not included within the revised Mendip Local Plan Part II, which is currently the subject of public hearings before its final ratification by the Planning Inspectorate later this year.

Plans for 27 Homes At Fortescue Fields (Phase 2) in Norton St Philip (image by Fowler Architecture & Planning)

The three plans for homes in Norton St. Philip were all revised proposals of developments which were either previously refused by council officers or withdrawn before a decision was made – namely:

• 30 homes within phase two of Fortescue Fields, to the north of Mackley Lane
• 27 homes within the same site
• 8 homes north of Fortescue Street

Planning inspector Hollie Nicholls visited the sites in question in July and October 2024, with her final rulings being published on the Planning Inspectorate's official website shortly before the most recent meeting of the council's planning committee east (which handles major applications within the former Mendip area).

Ms Nicholls acknowledged that the council could not demonstrate a five-year housing land supply, describing it as "a very significant shortfall" compared to both the original housing targets and the newly revised numbers.

However, she said the applicant had "downplayed the significance" the developments would have on two local special areas of conservation, which could impact on local bat populations and other protected wildlife.

She added that bat surveys carried out by the developer had "fallen short of expectations" due to the timing of the work and the number of nights on which the observations were carried out, concluding that there was "sufficient reason to doubt the integrity of the overall findings".

She said: "I am not able to conclude beyond reasonable scientific doubt that the schemes would align with the conservation objectives or avoid adverse effects on the integrity of these special areas of conservation.

"I cannot be certain of the development achieving no net loss in biodiversity."

Ms Nicholls said that the developments "would not be disproportionate" relative to the existing size of the village, but they were "in conflict" with the council's development plan – and therefore may not be considered entirely sustainable, despite the range of local amenities available.

She also stated that the landscape impacts "would be of a moderately harmful magnitude", damaging the countryside and eroding the village's character.

She said: "The proposal would, by virtue of its density, built form, reduction in landscape features along Mackley Lane and limited landscaping within the village gateway area of the Laverton Triangle, be harmful to the character and visual amenities of the area.

"The totality of the schemes' benefits does not outweigh the identified conflicts with the development plan."