188 Newton Road, TORQUAY, TQ2 7JN

sufficient to meet the remedy required in the notice. However the very minor Appeal

Authority: Torbay Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Minor Dwellings
Inspector: Jarratt P

Main issues, as the Inspector framed them

Whether the Council can rely on the second bite provisions
Whether the appellant's lesser steps would secure permanent restoration of the property as a single dwelling
Whether a 12 month compliance period is reasonable

What decided it

The appellant failed to prove, on the balance of probabilities, that the Council could not rely on the second bite provisions, that lesser steps would remedy the breach, or that the compliance period was unreasonable.

Plan policies cited: Policy DE1, Policy DE5, Policy TH8, Policy ER1

Judgments cited: Lambrou v SSCLG [2013] EWHC 325 (Admin)

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