24 Rathmore Road, TORQUAY, TQ2 6NY

1. The establishment of rear access steps to Walnut Road. 2. The presence of guarding around the edge of the accessible flat roof to provide protection from falling. 3. The establishment of the flat roof area as a terrace seeing regular pedestrian use

Authority: Torbay Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: other · Householder developments
Inspector: Harwood A

Main issues, as the Inspector framed them

Whether the Council's deemed refusal to grant a certificate of lawful use or development was well-founded in respect of the operational developments (rear access steps and guarding) and the use of the flat roof as a terrace

What decided it

The physical works to the rear access steps and guarding had been substantially changed within the 4-year enforcement period prior to the application, whereas the use of the flat roof as a terrace was ancillary to the lawful residential use and did not constitute development.

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