Planning appeal decision
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)
- Authority
- Torbay Council
- 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 appliedThe decision letter
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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.
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