®Planning appeal decision
Land off Northfields Lane, Brixham, TQ5 8RD
Planning appeal 3299600 at Land off Northfields Lane, Brixham, TQ5 8RD (Torbay Council) was dismissed on 3 July 2023 by Inspector Rogers J, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the living conditions of occupiers of Nos 16 and 17 of the Fishcombe Cove Holiday Homes and No 172 Northfields Lane, with particular regard to privacy and outlook, and whether future occupiers of the proposed development would experience acceptable living conditions, with particular regard to privacy.
the client of whom is the freeholder of the Holiday homes site wishes to split the land of interest from the holiday accommodation land to create a sustainably located new open market residential dwelling which addresses Northfields Lane. The proposed new dwelling will be a single-storey structure with a combination of flat and mono-pitched roof forms along with private gardens and dedicated on-site parking
- Authority
- Torbay Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Rogers J
- Postcode
- TQ5 8RD
Main issues, as the Inspector framed them
- the effect of the proposed development on the living conditions of occupiers of Nos 16 and 17 of the Fishcombe Cove Holiday Homes and No 172 Northfields Lane, with particular regard to privacy and outlook, and whether future occupiers of the proposed development would experience acceptable living conditions, with particular regard to privacy
- the character and appearance of the area, with particular regard to the natural beauty of the South Devon Area of Outstanding Beauty and trees
What decided it
The unacceptable harm to the outlook of occupiers of No 172 Northfields Lane caused by the close siting and intrusive appearance of the proposed dwelling, which conflicts with Policy DE3 and cannot be outweighed by the modest housing benefits in the absence of a five-year supply.
The modest benefits of additional housing delivery and efficient use of a small site were outweighed by the significant harm to the living conditions of neighbouring occupiers in respect of outlook, such that the presumption in favour of sustainable development did not apply.
What the Inspector cited
- Development plan policies
- Policy DE3Policy SS8Policy C4Policy DE1Policy BH5Policy BH6Policy E1Policy E6Policy E8
- National Planning Policy Framework
- Paragraph 11Paragraph 12Paragraph 15Paragraph 74
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.