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Planning appeal decision

Dismissed4 January 20233301970

17 Barton Tors, East The Water, Bideford, Devon, EX39 4EY

Planning appeal 3301970 at 17 Barton Tors, East The Water, Bideford, Devon, EX39 4EY (Torridge District Council) was dismissed on 4 January 2023 by Inspector Rose C, by written representations. The main issue, as the Inspector framed it: whether the living conditions of future occupiers of the proposed development would be acceptable, with particular regard to the provision of outdoor space.

erection of 2 flats adjoining 17 Barton Tors

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Rose C
Postcode
EX39 4EY

Main issues, as the Inspector framed them

  • whether the living conditions of future occupiers of the proposed development would be acceptable, with particular regard to the provision of outdoor space
  • the effect of the proposed development on highway safety

What decided it

The unacceptably poor living conditions for future occupiers resulting from the inadequate provision of private outdoor space, which significantly and demonstrably outweighed the limited housing and economic benefits even under the tilted balance.

The limited benefits of housing delivery and economic contribution were significantly and demonstrably outweighed by the significant harm to future occupiers' living conditions and the conflict with development plan policies, despite the Council's inability to demonstrate a five-year housing land supply.

What the Inspector cited

Development plan policies
Policy DM04Policy ST04Policy DM01Policy ST10Policy DM05Policy DM06
National Planning Policy Framework
Paragraph 11Paragraph 7

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 applied

The decision letter

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The authority’s record since 2016 · every decision in 2023

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.