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Planning appeal decision

Allowed16 February 20263358970

55 Chatsworth Road, Torquay, TQ1 3BJ

Planning appeal 3358970 at 55 Chatsworth Road, Torquay, TQ1 3BJ (Torbay Council) was allowed on 16 February 2026 by Inspector Braithwaite J, by written representations. The main issue, as the Inspector framed it: Whether the use of 55 Chatsworth Road as a four bedroom house and a two bedroom flat subsisted continuously for the four year period prior to 10 September 2024.

Use as a four bedroom house arranged over ground and first floor and use of basement as a two bedroom residential flat

Authority
Torbay Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Braithwaite J
Postcode
TQ1 3BJ

Main issues, as the Inspector framed them

  • Whether the use of 55 Chatsworth Road as a four bedroom house and a two bedroom flat subsisted continuously for the four year period prior to 10 September 2024

What decided it

The appellant provided sufficient precise and unambiguous evidence, including AST agreements, Council Tax records, statutory declarations and neighbour confirmation, to demonstrate on the balance of probability that the use subsisted continuously for the four year period prior to the application date.

The 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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