®Planning appeal decision
16 Stone Park, Churston With Galmpton, Paignton, TQ4 6HT
Planning appeal 3282951 at 16 Stone Park, Churston With Galmpton, Paignton, TQ4 6HT (Torbay Council) was allowed on 16 March 2022 by Inspector Spencer-Peet A, by written representations. The main issue, as the Inspector framed it: Whether the disputed condition is reasonable and necessary in order to preserve the character and appearance of the surrounding area and in the interests of protecting residential amenity.
extend time limit - demolition of existing dwelling and erection of new dwelling - application P/2010/0039 without complying with a condition attached to planning permission Ref: P/2012/1152/PA, dated 3 January 2013
- Authority
- Torbay Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Spencer-Peet A
- Postcode
- TQ4 6HT
Main issues, as the Inspector framed them
- Whether the disputed condition is reasonable and necessary in order to preserve the character and appearance of the surrounding area and in the interests of protecting residential amenity
What decided it
The disputed condition restricting all permitted development rights was not entirely reasonable or necessary; restrictions on Classes C and E were unjustified as such minor development would not harm character, appearance or neighbouring amenity, but restrictions on Classes A and B were justified given the distinctive design of the replacement dwelling and potential impacts on the closely-positioned neighbouring property.
What the Inspector cited
- Development plan policies
- Policy DE1Policy DE3Policy DE5Policy BH5
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 appliedThe 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
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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.