Town Planner Pro
Search appeal decisions

Planning appeal decision

Allowed21 April 20233306294

26, Berachah Road, TORQUAY, TQ1 3AX

change of use to 7 bedroom house in multiple occupancy (sui generis)

Authority
Torbay Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
White J

Main issues, as the Inspector framed them

  • whether the proposed development would support a balanced and cohesive community in this area
  • the effect of the proposed development on highway and pedestrian safety, with particular regard to parking provision and refuse bin storage
  • the effect of the proposed development on the living conditions of neighbouring residential properties with particular regard to privacy and noise and disturbance
  • whether the proposal would provide suitable living conditions for future occupiers with regard to daylight, outlook, noise and disturbance, garden space and refuse bin storage, and whether the proposal would prejudice future development and is capable of providing sustained, appropriate living conditions for future occupiers

What decided it

The site's location in an accessible, mixed-use urban area with available public transport and parking, combined with the absence of substantive evidence of harm to community balance, highway safety, or living conditions of neighbours or future occupiers, justified allowing the appeal.

The modest contribution to housing land supply and support from the Council's Housing Specialist and Senior Environmental Health Officer outweighed any concerns about the loss of a potential commercial use or the concentration of HMOs in the area.

Framework references: 187

Plan policies cited: Policy SS11, Policy H4, Policy TA2, Policy TA3, Appendix F, Policy DE1, Policy DE3, Policy TH7

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.