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Dismissed20 February 20253349802

Rear of 37 and 39, Hyde Road, Paignton , TQ4 5BP

Planning appeal 3349802 at Rear of 37 and 39, Hyde Road, Paignton , TQ4 5BP (Torbay Council) was dismissed on 20 February 2025 by Inspector Hunter A, by written representations. The main issue, as the Inspector framed it: The effect of the proposal upon the character and appearance of the area.

removal of existing refreshment kiosk/store and construction of three dwellings with associated works

Authority
Torbay Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hunter A
Postcode
TQ4 5BP

Main issues, as the Inspector framed them

  • The effect of the proposal upon the character and appearance of the area
  • The effect of the proposal upon the living conditions of surrounding residents and those of future occupiers with particular regard to the amount of internal floor area and loss of privacy
  • Whether the proposal would lead to an unacceptable flood risk

What decided it

The substantial harm to the character and appearance of Victoria Park caused by the visual dominance and incongruity of the proposed development significantly and demonstrably outweighed the limited benefit of three dwellings in the planning balance.

The limited benefit of three dwellings on a brownfield site within the settlement boundary was significantly and demonstrably outweighed by the substantial harm to the character and appearance of the area when assessed under the tilted balance of paragraph 11 of the Framework.

What the Inspector cited

Development plan policies
Policy DE1Policy DE3Policy ER1Policy ER2Policy PNP (c)
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.

See how each was applied

The decision letter

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More decisions in Torbay

The authority’s record since 2016 · every decision in 2025

  1. Dismissed29 October 20266015357
    37 Kingsway Avenue, Paignton, TQ4 7AA
  2. Dismissed26 October 20266012381
    27 Roselands Drive, Paignton, TQ4 7DS
  3. Dismissed22 October 20266014333
    8 Colin Road, Paignton, TQ3 2NR
  4. Allowed23 September 20266006957
    Land Rear Of 1A St James Road, Torquay, TQ1 4AZ
  5. Dismissed10 September 20266013855
    41 Orkney Close, Torquay, TQ2 7DS

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.