®Planning appeal decision
24 North Rocks Road, Paignton, TQ4 6LF
Planning appeal 3288353 at 24 North Rocks Road, Paignton, TQ4 6LF (Torbay Council) was dismissed on 18 October 2022 by Inspector Fish A, by written representations. The main issue, as the Inspector framed it: Whether the appeal site would provide a suitable location for housing having regard to the development strategy for the area.
A new bungalow
- Authority
- Torbay Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Fish A
- Postcode
- TQ4 6LF
Main issues, as the Inspector framed them
- Whether the appeal site would provide a suitable location for housing having regard to the development strategy for the area
- The effect of the proposal on the character and appearance of the area
- The effect of the proposal on the health and vitality of off-site trees
- The effect of the proposal on the South Hams Special Area of Conservation (SAC)
What decided it
The likely significant effect on the integrity of the South Hams Special Area of Conservation for greater horseshoe bats, which under the Habitats Regulations required refusal in the absence of certainty that mitigation would be effective.
The modest contribution to housing supply (given the Council's 2.9-year supply shortfall) was given moderate weight but was outweighed by the overriding concern regarding the integrity of the SAC, to which paragraph 182 of the Framework applies such that the presumption in favour of sustainable development does not apply.
What the Inspector cited
- Development plan policies
- Policy C1Policy H1Policy E2Policy E3Policy DE1Policy BH5Policy C4Policy NC1Policy SS8Policy E8
- National Planning Policy Framework
- Paragraph 124Paragraph 130Paragraph 131Paragraph 72Paragraph 182
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.