Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed3 December 20213279565

Briary Towers, 42 Vicarage Road, Torquay, Devon, TQ2 6HX

Planning appeal 3279565 at Briary Towers, 42 Vicarage Road, Torquay, Devon, TQ2 6HX (Torbay Council) was dismissed on 3 December 2021 by Inspector Spencer-Peet A, by written representations. The main issue, as the Inspector framed it: Whether the proposed development would preserve or enhance the character or appearance of the Chelston Conservation Area.

the vertical extension to existing single storey extension

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Spencer-Peet A
Postcode
TQ2 6HX

Main issues, as the Inspector framed them

  • Whether the proposed development would preserve or enhance the character or appearance of the Chelston Conservation Area
  • The effect of the proposed development on the living conditions of the occupiers of the neighbouring dwelling at Brierley with reference to overlooking and loss of privacy

What decided it

The bulk and massing of the proposed extension would be disproportionate and would harm the character and appearance of the Conservation Area, and the limited benefits of the scheme would not outweigh this identified harm to the designated heritage asset.

The less than substantial harm to the Conservation Area was not outweighed by the limited personal, economic and environmental benefits of the scheme, with significant weight attached to the conflict with development plan policies protecting the heritage asset.

What the Inspector cited

Development plan policies
Policy DE1Policy DE5Policy SS10Policy DE3Policy TH8
National Planning Policy Framework
Paragraph 199Paragraph 202

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

With an account

What an account adds to this decision

121 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Torbay

The authority’s record since 2016 · every decision in 2021

  1. Dismissed29 October 20266015357
    37 Kingsway Avenue, Paignton, TQ4 7AA
  2. Dismissed26 October 20266012381
    27 Roselands Drive, Paignton, TQ4 7DS
  3. Dismissed22 October 20266014333
    8 Colin Road, Paignton, TQ3 2NR
  4. Allowed23 September 20266006957
    Land Rear Of 1A St James Road, Torquay, TQ1 4AZ
  5. Dismissed10 September 20266013855
    41 Orkney Close, Torquay, TQ2 7DS

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.