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Planning appeal decision

Allowed28 June 20233315657

37 Tor Hill Road, Torquay, TQ2 5RY

Planning appeal 3315657 at 37 Tor Hill Road, Torquay, TQ2 5RY (Torbay Council) was allowed on 28 June 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 outlook and daylight.

Conversion of derelict basement and small area of wasteland into two flats with outside garden space

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Rose C
Postcode
TQ2 5RY

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 outlook and daylight

What decided it

The Revised Daylight Assessment adequately demonstrated that suitable daylight would be received to the proposed rooms in accordance with Building Research Establishment guidance, even with privacy film applied, thereby satisfying the main issue regarding living conditions.

What the Inspector cited

Development plan policies
Policy DE3 of the Torbay Local Plan, The Plan for Torbay: 2012 to 2030Policy THW4 of the Torquay Neighbourhood Plan (2019)
Judgments
Bernard Wheatcroft Ltd v Secretary of State for the Environment [JPL, 1982, P37]

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.