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Planning appeal decision

Dismissed14 February 20243326265

Mouse Cottage Brim Hill, Maidencombe, Torquay, TQ1 4TR

Planning appeal 3326265 at Mouse Cottage Brim Hill, Maidencombe, Torquay, TQ1 4TR (Torbay Council) was dismissed on 14 February 2024 by Inspector Hills J, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the character and appearance of the area.

demolition of a one-storey two-bed detached house, for replacement with new build contemporary two-storey four-bed detached house

Authority
Torbay Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hills J
Postcode
TQ1 4TR

Main issues, as the Inspector framed them

  • The effect of the proposed development on the character and appearance of the area
  • The effect of the proposed development on flood risk
  • The effect of the proposed development on living conditions of the occupiers of Home Orchard, with particular regard to outlook

What decided it

The proposal would cause less than substantial harm to the conservation area's significance and fail to demonstrate adequate flood risk mitigation, with neither harm offset by the public benefits of the development.

What the Inspector cited

Development plan policies
Policy C1Policy C2Policy DE1Policy SS10Policy DE3Policy ER1Policy ER2Policy TH8Policy TH12
National Planning Policy Framework
Paragraph 168Paragraph 170Paragraph 208Paragraph 135

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 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.