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Planning appeal decision

Dismissed24 November 20223291368

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

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

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.

Framework references: 55, 11

Plan policies cited: Policy ER1, Policy ER2, Policy SS15, Policy SS26, Policy SDT3, Policy TH6, Policy TS2, Policy SS1, Policy SS2, Policy SS4, Policy SS5, Policy TJ1, Policy TS1, Policy TTR1, Policy TTR2, Policy THW3, Policy SS11, Policy TH3, Policy SS3

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.