®Planning appeal decision
8 Langley Avenue, BRIXHAM, TQ5 9JF
proposed dwelling in curtilage of No.8 all as drawings
- 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 proposed development on the integrity of the South Hams Special Area of Conservation
What decided it
The absence of an ecological assessment, bat survey and lighting report meant the Inspector could not rule out an adverse effect on the integrity of the South Hams SAC, and no Appropriate Assessment had been conducted to demonstrate otherwise.
Although the Council cannot demonstrate a five-year housing land supply, Paragraph 182 of the Framework provides that the presumption in favour of sustainable development does not apply where the plan or project is likely to have a significant effect on a habitats site; the limited benefits of a single dwelling do not outweigh the harm to the SAC.
Framework references: 174, 180, 182
Plan policies cited: Policy NC1 of the Torbay Local Plan 2012-2030, Policy E8 of the Brixham Peninsula Neighbourhood Plan 2012-2030
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.