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Planning appeal decision

Dismissed20 February 20253349802

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

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

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.

Framework references: 11

Plan policies cited: Policy DE1, Policy DE3, Policy ER1, Policy ER2, Policy PNP (c)

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.