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Planning appeal decision

Dismissed28 July 20233318011

175 Lymington Road, Torquay, TQ1 4BA

Planning appeal 3318011 at 175 Lymington Road, Torquay, TQ1 4BA (Torbay Council) was dismissed on 28 July 2023 by Inspector Harrington S, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the living conditions of neighbouring occupiers with regard to general disturbance, noise nuisance, car parking provision and waste and recycling storage and collection arrangements.

change of use from C3 residential house to 7 bed HMO

Authority
Torbay Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Harrington S
Postcode
TQ1 4BA

Main issues, as the Inspector framed them

  • the effect of the proposal on the living conditions of neighbouring occupiers with regard to general disturbance, noise nuisance, car parking provision and waste and recycling storage and collection arrangements
  • whether the proposal would result in people and property being at risk from flooding
  • the effect of the proposal on the balance of the community and the level of social and economic deprivation in the local area
  • whether the proposal provides suitable cycle storage

What decided it

The harmful effects on neighbouring living conditions from inadequate parking provision and unresolved flood risk, when weighed against limited housing and social benefits, significantly and demonstrably outweighed the benefits under the tilted balance.

the adverse impacts of harm to neighbouring living conditions and failure to demonstrate flood resilience significantly and demonstrably outweighed the limited benefits of alternative residential accommodation, even under the tilted balance

What the Inspector cited

Development plan policies
Policy H4Policy DE3Policy TA3Policy SS11Policy ER1Policy TH7
National Planning Policy Framework
Paragraph 11Paragraph 168

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.

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The 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.

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.