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Planning appeal decision

Dismissed3 July 20233299600

Land off Northfields Lane, Brixham, TQ5 8RD

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

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.

Framework references: 11, 12, 15, 74

Plan policies cited: Policy DE3, Policy SS8, Policy C4, Policy DE1, Policy BH5, Policy BH6, Policy E1, Policy E6, Policy E8

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.