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Planning appeal decision

Notice upheld5 December 20243340756

80 Windsor Road, Torquay, TQ1 1SU

Planning appeal 3340756 at 80 Windsor Road, Torquay, TQ1 1SU (Torbay Council) was dismissed on 5 December 2024 by Inspector Harwood A, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control as alleged in the enforcement notice has occurred.

Without planning permission, the demolition of a boundary wall and associated gate piers along the south-western boundary of the site as depicted in the attached photograph labelled “Photograph 1”, to create a means of access onto a classified highway, in the approximate location identified by a blue line on the attached plan titled “Map 2”

Authority
Torbay Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Not Applicable
Inspector
Harwood A
Postcode
TQ1 1SU

Main issues, as the Inspector framed them

  • Whether the breach of planning control as alleged in the enforcement notice has occurred
  • Whether what is alleged constitutes a breach of planning control
  • Whether the steps required by the notice exceed what is necessary to achieve its purpose

What decided it

The works undertaken, viewed as a whole and as a matter of fact and degree, constituted the formation of a means of access to a classified highway requiring planning permission, which was not obtained and does not benefit from permitted development rights.

The decision letter

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The authority’s record since 2016 · every decision in 2024

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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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