- Decision
- allowed, 23 September 2026
- Decided by
- Planning Inspector: M Russell (on recommendation of APO E Clifford)
- Authority
- Torbay (South West)
- Appeal reference
- 6006957
- Application reference
- P/2025/0366
- Procedure
- written representations
- Development
- Technical details consent following PiP for demolition of Nissen hut and outbuildings and erection of 1 dwelling
- Homes
- 1
- Site context
- inside settlement, PDL
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- DP3, P3
- Development plan policies
- Torbay Local Plan 2015 DE1, DE3, W1, NC1, ER3, Torquay Neighbourhood Plan 2019 TH8
- Main issues
- character; neighbour living conditions
Summary
Technical details consent for a single house replacing derelict outbuildings behind a Torquay terrace was allowed. The design fitted the close-knit context, and a daylight report submitted at appeal showed negligible change against the existing structures. The principle was fixed at the PiP stage.
What made the difference
The existing structures set the baseline for overshadowing. An amended drawing removing one window was accepted at appeal because it was on the portal before the Council's statement (DL ¶¶6, 14–16).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DP3 | pass | asymmetric pitched roof steps with topography; comparable height to No 1 (DL 8-11) | |
| P3 | pass | daylight/sunlight report shows negligible change versus existing structures; offending window removed (DL 12-17) |
Key facts
- PiP had fixed location, land use and amount; TDC cannot reopen them (DL 3, 18)
- Framework "not materially different" on these issues; no consultation (DL 4)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.