Planning appeal decision
Copythorne Road, Brixham, Torbay, Devon, TQ5 8PT
Planning appeal 3354507 at Copythorne Road, Brixham, Torbay, Devon, TQ5 8PT (Torbay Council) was allowed on 19 June 2025 by Inspector Nicholls H, following a hearing. The main issue, as the Inspector framed it: Whether the location, scale and nature of the development accords with the spatial strategy of the development plan.
Outline planning application for the erection of up to 77 dwellings, including affordable housing (35%), areas of open space (including public park), landscaping, biodiversity net gain and site infrastructure, with all matters reserved apart from access
- Authority
- Torbay Council
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Major dwellings
- Inspector
- Nicholls H
Main issues, as the Inspector framed them
- Whether the location, scale and nature of the development accords with the spatial strategy of the development plan
- The effects of the proposal on the character and appearance of the area and whether it would conserve and enhance the landscape and scenic beauty of the NL
- Whether the proposal constitutes major development within the NL, and if so, whether there are exceptional circumstances and whether it would be in the public interest
- Whether the development would prejudice strategic decisions for the plan making process
What decided it
The severe and longstanding housing and affordable housing shortfall in Torbay justified exceptional circumstances for major development in the National Landscape, tipping the balance in favour of the scheme despite landscape harm.
The very substantial benefits of market and affordable housing delivery, together with economic and other benefits, were not significantly and demonstrably outweighed by the moderate/highly localised (but great weight) landscape and visual harm to the National Landscape and limited-weight conflict with the spatial strategy, so the balance favoured allowing the appeal.
What the Inspector cited
- Development plan policies
- Policy SS1Policy SS2Policy SS3Policy SS8Policy SS12Policy SS13Policy C1Policy SDB1Policy SDB3Policy H1Policy H2Policy BH3Policy BH4Policy BH9Policy E1Policy E2
- National Planning Policy Framework
- Paragraph 11Paragraph 50Paragraph 51Paragraph 58Paragraph 187Paragraph 189Paragraph 190
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 appliedThe 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.
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