Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed20 January 20253344516

36 Lucius Street, TORQUAY, TQ2 5UN

proposed alterations and change of use from Class E to Class C

Authority
Torbay Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Rose C

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area having regard to whether the proposal would preserve or enhance the character or appearance of the Belgravia Conservation Area
  • the effect of the proposal on the provision of employment space
  • whether the living conditions of future occupiers of the proposed development would be acceptable with particular regard to the provision of natural light and refuse storage
  • whether the proposal would help to close the gap between the most and least disadvantaged people and neighbourhoods

What decided it

The harm to the character and appearance of the Belgravia Conservation Area from the loss of the traditional shopfront, which is not outweighed by the limited public benefits of a single small dwelling, combined with the failure to demonstrate no reasonable prospect of employment use.

The less than substantial harm to the conservation area and loss of employment space were not outweighed by the public benefits of housing delivery and meeting identified housing need, particularly given the very small scale of the proposal and the availability of alternative means to achieve the same benefits without causing heritage harm.

Framework references: 11, 212, 214

Plan policies cited: Policy DE1, Policy SS5, Policy SS10, Policy DE3, Policy SS11, Policy TH8

Judgments cited: Waveney DC v SoS (5/11/02)

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.