®Planning appeal decision
Singleton Gardens, Meadfoot Sea Road, TORQUAY, TQ1 2LQ
that the demolition works that have been carried out on the Land to the dwellinghouse in the location hatched approximately in yellow on the attached plan titled “Map 2” and the adjoining boundary wall that runs adjacent to the south of Meadfoot Sea Road, exceed those permitted by the planning permission P/2023/0994. The partial demolition of the stone wall in the approximate location identified by a green line on the attached plan titled “Map 2” and as seen in the attached photograph titled “Photograph 8”. The demolition works are, therefore, unauthorised and constitute relevant demolition
- Authority
- Torbay Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Phillips A
Main issues, as the Inspector framed them
- Appeal A ground (b): whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact
- Appeal A ground (c): whether the partial demolition of the stone wall constitutes a breach of planning control
- Appeal A ground (f): whether the steps required by the enforcement notice exceed what is necessary to achieve its purpose
- Appeal B: whether the Council's reasons for failing to validate planning application P/2025/0365 are justified and whether planning permission P/2023/0994 remains implementable
What decided it
The original planning permission P/2023/0994 authorised only demolition of extensions and outbuildings, not the original dwelling itself, and therefore became unimplementable once the dwelling was unlawfully demolished, rendering any subsequent application to vary that permission invalid.
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.