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Dismissed21 October 20223288977

8 Langley Avenue, Brixham, TQ5 9JF

Planning appeal 3288977 at 8 Langley Avenue, Brixham, TQ5 9JF (Torbay Council) was dismissed on 21 October 2022 by Inspector Fish A, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the integrity of the South Hams Special Area of Conservation.

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
Postcode
TQ5 9JF

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.

What the Inspector cited

Development plan policies
Policy NC1 of the Torbay Local Plan 2012-2030Policy E8 of the Brixham Peninsula Neighbourhood Plan 2012-2030
National Planning Policy Framework
Paragraph 174Paragraph 180Paragraph 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 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.