Somerset Council is removing access to a site earmarked for development to assist the developer in obtaining planning permission.
The Packsaddle site near Frome has been earmarked for potential development for over 50 years, having been in the ownership of the responsible local authority since 1973. It is currently owned by Somerset Council.
The Council has allowed a permissive footpath through the site as part of a casual arrangement which was always subject to change should the site be disposed of.
Having been held primarily as a potential school site, it was agreed in 2022 that there was sufficient provision locally, and therefore the site could be disposed of for development.
A decision to dispose of the land was taken by Somerset County Council in March 2022, and work began on an Option Agreement with the developer LiveWest. This was signed in July 2022 enabling the developer to progress a planning application ahead of purchasing the site.
The plan for 74 homes, and a specialist home for children with disabilities was submitted in 2024 and recommended for approval by officers. However, it was refused by the planning committee in January 2025, leading to an appeal by the developer in August 2025.
The Planning Inspector dismissed the appeal in September and the developer has indicated that it will be launching a legal challenge.
Under the Option Agreement the Council is required to use reasonable endeavours to assist the developer in obtaining planning permission and in the developer pursuing any appeal, such as:
- Closure of the permissive path running south to north across the field
- Fencing of the public footpath located in the north/northeast corner of the field
If the Council does not do this, it will be open to legal action by the developer.
It is expected that the final development would include the reinstatement of an access path through the site.
Somerset Council’s Lead Member for, Economic Development, Planning and Assets, Councillor Mike Rigby said:
This is not an easy course of action for the Council to take, we are fully aware of the value placed on the land by local people, but we must balance the wishes of local people against housing needs, and our contract with the developer
We have to honour that agreement. Access across the land by the public has always been on a permissive basis, the land has been owned by the authority for over 50 years with the potential for development – the footpath is not a legal right of way, it is a permissive path, allowed until such time as when the land is developed.
It’s clear that there is a compelling case for the developer to challenge the appeal and we have a legal duty to secure the land in support of the development proposals.
We have to consider the needs of the wider county in terms of housing need and the potential cost to council tax payers – we cannot allow the Council to become involved in what would be costly legal action.
Work is due to take place this week to close the permissive path, and fence in the existing public footpath.
