Flat 3 Westerlands, Underhill Road, Torquay, Devon, TQ2 6GU

Planning appeal 3340925 at Flat 3 Westerlands, Underhill Road, Torquay, Devon, TQ2 6GU (Torbay Council) was dismissed on 26 July 2024 by Inspector Harrington S, by written representations. The main issue, as the Inspector framed it: whether the proposal would comply with local and national policies that seek to steer new development away from areas at the highest risk from flooding.

A new dwelling

Authority: Torbay Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Harrington S
Postcode: TQ2 6GU

Main issues, as the Inspector framed them

whether the proposal would comply with local and national policies that seek to steer new development away from areas at the highest risk from flooding
the effect of the proposal on the character and appearance of the area

What decided it

The failure to demonstrate that a sequential test had been passed in relation to flood risk, combined with the harmful impact on the character and appearance of the area and the setting of the Conservation Area, meant the proposal conflicted with the development plan and no material considerations justified approval.

the limited benefits of the proposal in terms of housing supply and economic activity did not outweigh the harm to the character and appearance of the area and the setting of the Conservation Area, and the failure to satisfy the sequential test for flood risk

What the Inspector cited

Development plan policies: Policy ER1Policy ER2Policy DE1Policy SS10Policy TH8
National Planning Policy Framework: Paragraph 11

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.