The Lawn, 32 St Andrews Road, Paignton, Devon, TQ4 6HA

Planning appeal 3297275 at The Lawn, 32 St Andrews Road, Paignton, Devon, TQ4 6HA (Torbay Council) was dismissed on 21 November 2022 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: whether the proposed change of use, and resultant loss of 3 residential units, would constitute a material change of use requiring planning permission under section 55 of the Town and Country Planning Act 1990.

use as ‘5no. dwellings (C3 use) - see attached drawings which illustrate the proposed internal alterations

Authority: Torbay Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Hanson S
Postcode: TQ4 6HA

Main issues, as the Inspector framed them

whether the proposed change of use, and resultant loss of 3 residential units, would constitute a material change of use requiring planning permission under section 55 of the Town and Country Planning Act 1990

What decided it

The appellant failed to demonstrate on the balance of probabilities that the loss of 3 residential units would not have significant planning consequences as a matter of fact and degree, particularly given the Council's housing land supply deficit and the proper planning purpose served by the existing units.

What the Inspector cited

Development plan policies: Policy SS13Policy SS1Policy SS11
Judgments: The London Borough of Richmond upon Thames v. the Secretary of State for the Environment, Transport and the Regions and Richmond upon Thames Churches Housing Trust [2000] 2 PLR 115; Royal Borough of Kensington and Chelsea v. Secretary of State [(2016) EWHC 1785]

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.

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The decision letter

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The authority’s record since 2016 · every decision in 2022

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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.