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Dismissed24 November 20223291368

Land at Kingsland, Marldon Road, Torquay, Devon, TQ2 7JH

Planning appeal 3291368 at Land at Kingsland, Marldon Road, Torquay, Devon, TQ2 7JH (Torbay Council) was dismissed on 24 November 2022 by Inspector Page L, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on flood risk.

outline planning application for the demolition of existing structures and redevelopment to provide up to 90 dwellings, up to 1,858 sq.m. gross B1 employment, open space, landscaping, associated infrastructure, and access (means of access to be considered in detail)

Authority
Torbay Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Page L
Postcode
TQ2 7JH

Main issues, as the Inspector framed them

  • the effect of the proposal on flood risk
  • whether the loss of employment land would be acceptable
  • whether the proposal would be in an acceptable location

What decided it

Insufficient detailed Flood Risk Assessment and surface water drainage evidence for a development of this scale in a Critical Drainage Area, constituting a clear reason for refusal under NPPF paragraph 11(d)(i).

The significant weight given to housing land supply shortfall and affordable housing benefits was outweighed by the clear reason for refusal on flood risk grounds under NPPF paragraph 11(d)(i), and by the significant harm from conflict with the development plan on loss of employment land and the Torquay Gateway Masterplan SPD.

What the Inspector cited

Development plan policies
Policy ER1Policy ER2Policy SS15Policy SS26Policy SDT3Policy TH6Policy TS2Policy SS1Policy SS2Policy SS4Policy SS5Policy TJ1Policy TS1Policy TTR1Policy TTR2Policy THW3Policy SS11Policy TH3Policy SS3
National Planning Policy Framework
Paragraph 55Paragraph 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.