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Planning appeal decision

Split Decision8 September 20213271333

24 Rathmore Road, Torquay, TQ2 6NY

Planning appeal 3271333 at 24 Rathmore Road, Torquay, TQ2 6NY (Torbay Council) was allowed in part (a split decision) on 8 September 2021 by Inspector Harwood A, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
TQ2 6NY

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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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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