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Planning appeal decision

Dismissed15 August 20253360980

41 Southfield Avenue, Paignton, TQ3 1LH

Planning appeal 3360980 at 41 Southfield Avenue, Paignton, TQ3 1LH (Torbay Council) was dismissed on 15 August 2025 by Inspector Hills J, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the character and appearance of the area.

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
Postcode
TQ3 1LH

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.

What the Inspector cited

Development plan policies
Policy DE1Policy PNP(1)(c)Policy ER1Policy ER2Policy NC1
National Planning Policy Framework
Paragraph 11Paragraph 135Paragraph 174Paragraph 175Paragraph 178

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

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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.

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.