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Planning appeal decision

Dismissed4 July 20233315192

Aveland House , Aveland Road, Torquay, Devon, TQ1 3PT

Planning appeal 3315192 at Aveland House , Aveland Road, Torquay, Devon, TQ1 3PT (Torbay Council) was dismissed on 4 July 2023 by Inspector Sylvester G, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the living conditions of the occupiers of nearby flats, with particular regard to the potential for noise and disturbance, and access to light.

the creation of a balcony in place of an existing flat roof

Authority
Torbay Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Sylvester G
Postcode
TQ1 3PT

Main issues, as the Inspector framed them

  • The effect of the proposed development on the living conditions of the occupiers of nearby flats, with particular regard to the potential for noise and disturbance, and access to light

What decided it

The proposed balcony would generate levels of noise and disturbance that would harm the living conditions of occupiers of the nearby flats, conflicting with Policy DE3 of the Torbay Local Plan.

What the Inspector cited

Development plan policies
Policy DE3Policy DE1Policy TH8

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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More decisions in Torbay

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

  1. Allowed5 September 20253368622
    59 Winner Hill Road, Paignton, TQ3 3BT
  2. Dismissed25 April 20253355185
    53A Woodville Road, Torquay, TQ1 1LT
  3. Allowed28 November 20243345200
    38 Church Street, Paignton, TQ3 3AH
  4. Dismissed4 November 20243343885
    Flat 10 Park Hall, Parkhill Road, Torquay, Devon, TQ1 2BL
  5. Allowed8 May 20243335404
    2, Braeside Road, Paignton , Devon, TQ4 6BX

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.