Backwell Parish Council raised concerns regarding North Somerset Council’s decision to grant Taylor Wimpey consent for a temporary 26-space car park on agricultural land adjacent to the development site on Rodney Road. Plans for the proposed arrangement are shown below.
Following these concerns, Backwell Parish Council sought clarification from North Somerset Council. The response received from NSC sets out the planning considerations and legal position that informed their decision.
This scheme has been licensed under a ‘peppercorn’ agreement to facilitate the installation of a new hard surfaced footpath from the new development by the scout hut to West Leigh.
Backwell Parish Council understands that the motivation in developing this scheme were well intended but without communication with the village no suitable alternative measures were explored and the scheme leaves the pedestrian access to Meadowside PreSchool and West Leigh Infants and its users more vulnerable due to the additional traffic movements
- Permitted Development Rights (GPDO 2015): NSC determined that the temporary 26-space car park falls under Schedule 2, Part 4, Class A of the Town and Country Planning (General Permitted Development) Order 2015. Because it is temporary work on land adjoining the main housing development, permission is granted automatically by Parliament (“deemed consent”) without requiring a planning application or prior approval from the local council.
- Implicit Use Granted by Case Law: NSC notes that court precedent dictates that Class A permitted development rights for temporary “works” (steel sheeting) automatically confer the right to use those works (parking vehicles), as the right would otherwise be ineffective.
- No Material Change to Planning Permission: The boundary (“red line”) of the original parent planning permission (20/P/1847/OUT & 24/P/0533/RM) remains unchanged. Therefore, NSC cannot unilaterally alter Condition 9 controlling the Construction Traffic Management Plan (CTMP) / Construction Environmental Management Plan (CEMP) unless the developer voluntarily submits a Section 73 application.
- Civil Licence vs. Planning Permission: NSC granted a civil licence (as landowner) on July 26, 2026, allowing Taylor Wimpey to occupy the land until December 31, 2027. This licence is separate from planning law and obligates the developer to:
- Fully fund and install the Public Right of Way (PROW) footpath by September 1, 2026.
- Restrict vehicle access during peak school hours (requiring a banksman if unavoidable).
- Restore and reseed the land back to its original condition before returning it to NSC.
- Developer’s Voluntary Safety Measures: Because this is permitted development, NSC cannot legally impose planning conditions regarding tree protection or highway safety. However, Taylor Wimpey has voluntarily agreed to:
- Install Heras fencing to segregate pedestrians on the PROW footpath from the new development by the scout hut to West Leigh.
- Erect 5 mph approach signs and cut back vegetation for sightlines.
- Use temporary steel sheeting under arboricultural supervision to protect tree root zones.
Backwell Parish Councils position
Backwell Parish Council remains disappointed with the NSC’s development and execution of this long term albeit temporary license without any involvement from the village or to date any communication from the Asset Team which is disappointing after trying to secure the land for the village over the past three years. The last communication from the Asset’s Project team who in March of this year wrote to BPC saying,
‘In essence we are waiting on the Local Plan outcome before making decisions on the site’s future. Any consideration of the site’s future would include the request from the Parish Council and no decision will be made without further discussion and engagement. As I say, nothing decided, and I would like to restate the commitment made previously that the council will not make a disposal without first going back to Backwell PC.’
Following this reassurance, Backwell Parish Council was disappointed that the temporary arrangement was progressed without the anticipated engagement.
However, Backwell Parish Council remains committed to working towards securing this land as an open space and outdoor learning area for the benefit of the community.
The Parish Council will continue to proactively engage with North Somerset Council and developers to ensure that safety, infrastructure, community facilities and future placemaking are properly considered as Backwell continues to experience significant growth.
We are continuing to work the Taylor Wimpey to ensure this scheme can operate as smoothly and safety as possible for our residents and children.
