Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Allowed28 November 20243345200

38 Church Street, Paignton, TQ3 3AH

Planning appeal 3345200 at 38 Church Street, Paignton, TQ3 3AH (Torbay Council) was allowed on 28 November 2024 by Inspector Perrins N, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the living conditions of future occupiers, having particular regard to outlook, natural light, privacy, noise and disturbance, and outdoor amenity space.

change of use from shop / restaurant to dwelling

Authority
Torbay Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Perrins N
Postcode
TQ3 3AH

Main issues, as the Inspector framed them

  • The effect of the proposed development on the living conditions of future occupiers, having particular regard to outlook, natural light, privacy, noise and disturbance, and outdoor amenity space
  • The effect of the proposed development on the character and appearance of the Old Paignton Conservation Area
  • Refuse storage

What decided it

The significant weight attributed to housing delivery in the absence of a five-year housing supply, combined with the identification of residential use as the optimum viable use for the property, outweighed the less than substantial harm to the conservation area.

The less than substantial harm to the Old Paignton Conservation Area was outweighed by the public benefits of providing an additional dwelling where the Council cannot demonstrate a five-year housing supply, securing the optimum viable use of the building, and enabling renovation and improved condition of the property.

What the Inspector cited

Development plan policies
Policy DE3Policy DE1Policy SS10Policy W1Policy PNP1
National Planning Policy Framework
Paragraph 205Paragraph 208

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

152 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Torbay

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

  1. Allowed5 September 20253368622
    59 Winner Hill Road, Paignton, TQ3 3BT
  2. Dismissed25 April 20253355185
    53A Woodville Road, Torquay, TQ1 1LT
  3. Dismissed4 November 20243343885
    Flat 10 Park Hall, Parkhill Road, Torquay, Devon, TQ1 2BL
  4. Allowed8 May 20243335404
    2, Braeside Road, Paignton , Devon, TQ4 6BX
  5. Dismissed5 April 20243327859
    Kalina Waddeton Road, Paignton, TQ4 7BJ

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.