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Planning appeal decision

Notice upheld18 November 20213275340

38 Warberry Road West, Torquay, Devon, TQ1 1NT

Planning appeal 3275340 at 38 Warberry Road West, Torquay, Devon, TQ1 1NT (Torbay Council) was dismissed on 18 November 2021 by Inspector Curnow R, by written representations. The main issue, as the Inspector framed it: Whether the matters referred to in the enforcement notice constitute a breach of planning control (Ground c).

without planning permission, the construction of raised wooden decking (‘the Decking’) shown on the attached photographs, to form an extension to the veranda on the front elevation of the Premises

Authority
Torbay Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Curnow R
Postcode
TQ1 1NT

Main issues, as the Inspector framed them

  • Whether the matters referred to in the enforcement notice constitute a breach of planning control (Ground c)
  • Whether the period specified to comply with the requirements of the notice is too short (Ground g)

What decided it

The absence of any substantive evidence that the decking was part of the development granted planning permission P/2019/1182, combined with the reasonableness of the 3-month compliance period.

The decision letter

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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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