Appeal 3321784
Public case and site metadata stored from the official casework database, including fields that were empty in the source release.
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Official decision document
The decision, section by section
7 sections
Read the development description and the Inspector’s text from the official decision PDF in source order. Source headings are retained where available. Personal and contact details are removed by an automated privacy filter; this is source material, not Rules for You analysis.
Section 01
Development description
replacement/extended boundary fence.
Section 02
Decision
The appeal is dismissed.
Section 03
Procedural Matter
The development has already been carried out and planning permission is being sought retrospectively. There is no dispute that what has been built is consistent with the plans submitted and on which planning permission was originally sought. The appeal has been considered on this basis.
Section 04
Main Issue
The main issue is the effect of the development on the character and appearance of the area.
Section 05
Reasons
The site is at the corner of [address] and [address]. The immediate area includes dwellings with open frontages, mature landscaping, and generally low hard boundary treatments. This creates a verdant feel and positively contributes to the character and appearance of the area.
The development introduces a hard boundary treatment of substantial extent. Indeed, it appears to be of much greater extent compared to the hard boundary treatment it is replacing because it extends to a frontage location. Furthermore, the site no longer has the benefit of extensive mature landscaping, as most of this has been removed.
Consequently, in comparison to the hard boundary treatment it replaces, the development appears stark in the street scene and incongruous with the verdant feel of the frontages in the locality. As such, when the development is taken altogether it can only be considered harmful.
The appellant identifies other hard boundary treatments nearby but at least some of these retain mature landscaping at their frontage and are therefore not directly comparable to the development in this case.
Notwithstanding, even if directly comparable and considered desirable, they are relatively limited in number1 and do not change the prevailing context to any significant extent. As such, the verdant feel of the area, particularly at the frontage of dwellings, is the context within which the development needs to respond.
Overall, the development would harm the character and appearance of the area and conflict with Policy DE1 of the Torbay Local Plan 2015 and Policy PNP1(c) of the Paignton Neighbourhood Plan 2019. Among other things, these policies require developments to integrate with the existing street scene and features.
Section 06
Other Matters
The appellant comments about the impact of the development in relation to the living conditions of neighbouring occupiers. However, it has not been necessary to probe this matter further. This is because it is clear from the Council’s submissions and reasons for refusal that the main issue in dispute relates to the impact of the development on character and appearance.
Section 07
Conclusion
For the reasons given, the appeal is dismissed.
Planning inspector and document dates
The official casework attribution is grouped under a one-way keyed hash and shown only by its local identifier. Decision-letter dates and page references are extracted by fixed first-page rules and checked against that authoritative record.
Appeal Decision
- Extracted inspector · page 1
- Inspector attribution ID 415No official casework-database value to compare
- Extracted decision date · page 1
- 27 July 2023Matches the official casework database
- Extracted site visit dates
- 5 July 2023 (page 1)
Reference and authority
Official identifiers and the planning authority recorded against this case.
- Case reference
- 3321784
- Application reference
- P/2023/0125
- Lead case reference
- Not recorded
- Planning authority
- Torbay Council
- Planning authority code
- E06000027
Casework details
The casework, procedure, development and linking details supplied by the official record.
- Casework type
- Householder (HAS)
- Procedure
- Written Representations
- Development type
- Householder developments
- Appeal type reason
- 1. Refused planning permission
- Appeal reason
- Refusal
- Type detail
- Planning Appeals - Full
- Jurisdiction
- Transferred
- Link status
- Not Linked
Site and development
Published appeal-site measurements and planning designations, without the withheld precise location fields.
- Site area
- Not recorded
- Floor space
- 0 m²
- Number of residences
- 0
- Site in Green Belt
- No
- Agricultural holding
- No
- Affects setting of a listed building
- Not recorded
- Historic building grant made
- Not recorded
- Relates to a conservation area
- Not recorded
- Flooding is an issue
- Not recorded
- Site within an AONB
- Not recorded
- Site within an SSSI
- Not recorded
Decision and dates
The published outcome and every imported case date.
- Official decision
- Dismissed
- Decision category
- Dismissed
- Received date
- 9 May 2023
- Valid date
- 9 May 2023
- Start date
- 7 June 2023
- Planning authority decision date
- 6 April 2023
- Appeal decision date
- 27 July 2023
Case administration
Published recovery, call-in, costs and enforcement information for this case.
- Redetermined
- No
- Bespoke
- No
- Date recovered
- Not recorded
- Date not recovered or derecovered
- Not recorded
- Call-in date
- Not recorded
- Costs applied for
- No
- Enforcement grounds count
- Not recorded
- Enforcement grounds
- Not recorded
Source and catalogue history
When this record appeared in the rolling official release and when the catalogue stored it.
- Source
- Planning Inspectorate casework database
- Source data system
- Horizon
- Dataset status
- Current release
- Catalogue record ID
- 36258
- First seen
- 20 August 2026 at 14:24
- Last seen
- 20 August 2026 at 16:27
- Removed from release
- Not recorded
- Record created
- 20 August 2026 at 14:24
- Record updated
- 24 August 2026 at 16:21