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Planning appeal decision

Allowed21 April 20233306294

26, Berachah Road, Torquay, TQ1 3AX

Planning appeal 3306294 at 26, Berachah Road, Torquay, TQ1 3AX (Torbay Council) was allowed on 21 April 2023 by Inspector White J, by written representations. The main issue, as the Inspector framed it: whether the proposed development would support a balanced and cohesive community in this area.

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

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
White J
Postcode
TQ1 3AX

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.

What the Inspector cited

Development plan policies
Policy SS11Policy H4Policy TA2Policy TA3Appendix FPolicy DE1Policy DE3Policy TH7
National Planning Policy Framework
Paragraph 187

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.