Eight Bells, South Embankment, Dartmouth, TQ6 9BB

Planning appeal 3283044 at Eight Bells, South Embankment, Dartmouth, TQ6 9BB (South Hams District Council) was allowed in part (a split decision) on 28 January 2022 by Inspector Harwood A, by written representations. The main issue, as the Inspector framed it: Whether the alleged matters constitute a breach of planning control.

Without planning permission, operational development namely: o the creation of a roof terrace; o the erection of an external staircase affixed to an external wall of Eight Bells to access the roof terrace; o the erection of a balustrade affixed to one side of the roof terrace; o the placement of artificial grass, seating, planters and plant pots on the roof terrace

Authority: South Hams District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Harwood A
Postcode: TQ6 9BB

Main issues, as the Inspector framed them

Whether the alleged matters constitute a breach of planning control
Whether at the date the notice was issued, enforcement action could be taken
The effect of the development on the living conditions of the neighbouring flats with particular reference to privacy and noise
Whether the steps required by the notice exceed what is necessary to achieve its purpose
Whether any period specified in the notice falls short of what should reasonably be allowed

What decided it

The development would enable greater use of the roof causing direct overlooking through windows of neighbouring residential flats and loss of privacy for those residents, contrary to Policy DEV1 and the NPPF.

What the Inspector cited

Development plan policies: Policy DEV1

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.

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The decision letter

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More decisions in South Hams

The authority’s record since 2016 · every decision in 2022

Allowed23 September 20266004446
Land at Rutt Lane Sx 647 562, Ivybridge, PL21 0ZB
Notice upheld20 August 20263355071
Land at Lower Washbourne Farm, Totnes, Devon, TQ9 7UE
Notice upheld20 August 20263355070
Land at Lower Washbourne Farm, Totnes, Devon, TQ9 7UE
Notice upheld14 August 20263352131
6 Broomborough Drive, Totnes, TQ9 5LT
Split Decision30 April 20263351249
Murtwell House, Diptford, Totnes, TQ9 7NQ

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.