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Planning appeal decision

Dismissed10 February 20223281163

205 Dartmouth Road, PAIGNTON, TQ4 6LG

an outline application for a new 1 no. 4 bed 7 persons dwelling with access from Broadsands Bend and with some matters reserved

Authority
Torbay Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Fish A

Main issues, as the Inspector framed them

  • The effect of the proposal on the character and appearance of the area
  • The effect of the proposal on the living conditions of neighbouring occupiers in terms of outlook and daylight
  • The effect of the proposal on the South Hams Special Area of Conservation (SAC)

What decided it

The absence of any ecological assessment or mitigation strategy meant the Inspector could not rule out a likely significant adverse effect on the integrity of the South Hams SAC, requiring refusal under the Habitat Regulations.

The benefits of housing provision were outweighed by the failure to demonstrate that the development would not adversely affect the integrity of the South Hams SAC, a protected site whose conservation is a clear reason for refusal.

Framework references: 130, 174, 11

Plan policies cited: Policy DE1, Policy DE3, Policy SS8, Policy NC1, Policy BH5, Policy E8

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.