®Planning appeal decision
41 Southfield Avenue, PAIGNTON, TQ3 1LH
described in the application as “replacement house inc. garage and parking (all as drawings)(self-build project)”
- Authority
- Torbay Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Hills J
Main issues, as the Inspector framed them
- the effect of the proposed development on the character and appearance of the area
- whether the proposed development would be at risk of flooding
What decided it
The proposal conflicts with the development plan on both character and appearance and flood risk, and the flood risk policies provide a strong reason for refusal that displaces the presumption in favour of sustainable development despite the Council's inability to demonstrate a five-year housing land supply.
The tilted balance under paragraph 11(d) of the Framework was displaced by flood risk policies which provide a strong reason for refusal; the identified harms to character and appearance and flood risk, together with the failure to pass the exception test, outweighed the modest housing contribution and other sustainability benefits.
Framework references: 11, 135, 174, 175, 178
Plan policies cited: Policy DE1, Policy PNP(1)(c), Policy ER1, Policy ER2, Policy NC1
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.