®Planning appeal decision
The Lawn, 32 St Andrews Road, Paignton, Devon, TQ4 6HA
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
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.
Plan policies cited: Policy SS13, Policy SS1, Policy SS11
Judgments cited: 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]
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.