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Dismissed14 April 20223287683

Land at Brends Orchard, Edginswell Lane, Torquay, Devon, TQ2 7JF

Planning appeal 3287683 at Land at Brends Orchard, Edginswell Lane, Torquay, Devon, TQ2 7JF (Torbay Council) was dismissed on 14 April 2022 by Inspector Pope N, by written representations. The main issue, as the Inspector framed it: Whether the proposal would preserve the settings of the six Grade II listed buildings adjacent to the site and, if not, whether this would be outweighed by any public benefits.

a residential development of five dwellings (two self-build inclusive)

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Pope N
Postcode
TQ2 7JF

Main issues, as the Inspector framed them

  • Whether the proposal would preserve the settings of the six Grade II listed buildings adjacent to the site and, if not, whether this would be outweighed by any public benefits
  • The effect upon the character and appearance of the area
  • The likely effect upon highway safety and the free flow of traffic along the local highway network, having particular regard to the proposed car parking provision for proposed plots nos. 3, 4 and 5

What decided it

The failure to preserve the settings of the six Grade II listed buildings and the loss of historic fabric from the roadside wall, which weighed very heavily against permission, were not outweighed by the public benefits of housing delivery and the cycle/footpath link.

The heritage harm to the listed buildings and loss of historic fabric weighed very heavily against permission and was not outweighed by the public benefits of increased housing supply, self-build provision, support for the construction industry, increased Council Tax receipts, and the provision of a cycle/footpath link.

What the Inspector cited

Development plan policies
LP policy SS2LP policy H1LP policy DE1LP policy SS10LP policy TA2LP policy TA3NP policy TH6NP policy TH8NP policy TH9NP policy TS2
National Planning Policy Framework
Paragraph 11

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

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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.

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.