# Land to rear of 1A St James Road, Torquay

- **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
- **Tags:** tier-2, PIP, technical-details-consent, appeal-planning-officer, transitional-no-consultation, small-scheme

## 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
- **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
- https://appeal-planning-decision.service.gov.uk/published-document/afa14dc6-2dad-41f7-84d3-220830cfba0c
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6006957

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6006957.html

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