Appeal 6003726

The appeal is allowed and planning permission is granted for replacement dwelling at [site address] in accordance with the terms of the application, Ref 25/01470/FUL, and the plans submitted with it, subject to the conditions in the attached schedule.

The Council refused planning permission for two reasons. However, during the appeal process, the Council confirmed that additional information had been submitted and that further consultation with the statutory undertakers had been carried out. These consultees advised that their concerns had been addressed. Consequently, the Council have confirmed that it would not seek to defend the second reason for refusal relating to drainage and land stability. I have therefore dealt with the appeal on this basis.

The Council adopted the Teignbridge Local Plan 2020-2040 (LP) on 19 May 2026. As this is the statutory development plan for the area, the policies of the Teignbridge Local Plan 2013-2033 adopted May 2014 that are listed in the Council’s reason for refusal, form no part of my determination of the appeal. The parties had an opportunity to address the policies in the LP in their appeal submissions.

The main issue is the effect of the proposed development on the character and appearance of the area.

[site address] is a relatively modest, hipped roof dormer bungalow. It occupies a large plot in a cliff top location at the end of a single track lane, which serves individual detached properties in good size plots. Its large rear garden slopes steeply north eastwards towards the coast. The bungalow is located in the south western corner of the plot, together with a level parking area and a detached garage.

The existing bungalow is visible from surrounding residential roads, including from Woodland Avenue. From here, the bungalow is seen as part of a group of buildings of diverse designs occupying the hillside, with a group of mature trees providing a verdant backdrop.

The proposal involves the demolition of the existing bungalow and garage and its replacement with a larger ‘Y’ shaped property with three wings. The lower ground floor of the property, comprising the main living accommodation would be partially built into the slope of the land, with bedrooms at ground floor level and a first floor sitting room occupying part of the most southerly wing.

The proposed dwelling would be located partially over the existing footprint of the bungalow but with a larger footprint and external rear terrace areas, it would extend further eastwards towards the coast. As part of the proposed dwelling would be sited over part of the existing footprint of the bungalow, I am satisfied that it would be positioned on a similar, albeit not identical footprint.

This would mean that the proposal would be more visible from surrounding locations including Woodland Avenue. Its contemporary, flat roof design and combination of materials would be a departure from the render and pitched roof properties which occupy the hillside. However, as the existing residential grain is made up of a varied and eclectic mix of architectural styles, scales and forms, the proposed dwelling would add to this variety rather than appear at odds with it.

The overall height of the proposed dwelling would be lower than the existing ridge of the bungalow. Its horizontal emphasis, stepped form and combination of materials all assist in breaking up the mass of the building. Additional landscaping could also be secured by a planning condition which would help to assimilate the development into the hillside. Therefore, whilst it would appear above the ridge of properties on Woodland Avenue, it would not appear overbearing or visually jarring.

From the [name], the proposal would also be visible. However, these views would be distant and filtered to some extent by existing planting on the coastal slopes. This, together with the reasons set out above means that the proposal would not be prominent to a harmful extent.

The proposal therefore complies with Policies H13 and EN4 of the LP which require that replacement dwellings in settlement limits are positioned on a similar footprint to the existing dwelling, are of a higher standard of design, and reinforce local distinctiveness and character.

The proposal is for a single replacement dwelling so there would be no additional traffic movements. However, a condition to secure a construction management plan would be necessary in the interest of highway and pedestrian safety during the construction period as the approach road to the site is narrow. Any subsequent subdivision of the property into two or more units would require a separate grant of planning permission.

Due to the distance between the proposed dwelling and neighbouring properties, together with a condition to secure obscure glazing to a proposed window on the northeast elevation and to prevent further openings being formed, it is considered that the proposal would not result in any significantly harmful overshadowing, overbearing or overlooking impacts upon any neighbouring properties. Similarly, the distances involved mean that noise from the air source heat pump is unlikely to generate unacceptable levels of noise for nearby occupiers.

Due to the close proximity of the site to coastal slopes and the railway line, it was identified that there could be a risk to the long-term stability of the coastal slopes and nearby railway if surface water was disposed of via a soakaway. It is now proposed to dispose of surface water to the combined sewer network and therefore the concerns in this respect have been overcome and [name] have advised that they no longer have an objection to the proposal. A condition would secure the implementation of an agreed scheme.

No works are proposed to the hedges on the northern and western boundaries of the site, and a condition to secure their protection during construction works will safeguard the health of the hedges and protect the living conditions of neighbouring occupiers.

I have had regard to the advice in the Planning Practice Guidance and the conditions provided by the Council. I have imposed them where they meet the tests set out in Paragraph 57 of the National Planning Policy Framework, amending where necessary for the sake of simplicity, clarity and precision without altering the substance of the conditions.

In addition to the conditions I have already referred to above and the standard time condition, it is necessary to specify the approved plans in the interests of certainty.

Pre-commencement conditions requiring the submission of and compliance with a construction management plan and the erection of temporary fencing for the protection of trees and hedges during construction are necessary to ensure that any harm which may arise is mitigated during the construction phase. They are necessary to prevent harm to the living conditions of existing residents, and the appellant has provided their agreement to the conditions being imposed.

Conditions are necessary to conserve and enhance protected and Priority species. A condition securing details of the proposed materials of construction is necessary in the interests of the character and appearance of the development and the wider area and a condition to prevent future extensions is necessary to protect the living conditions of existing residents and in the interests of the character and appearance of the area.

The proposed development would accord with the development plan and there are no material considerations that outweigh this finding. Accordingly, the appeal is allowed.

The development hereby permitted shall begin not later than three years from the date of this decision.

The development hereby permitted shall be carried out in accordance with drawing nos: 24.089.Trankle ( [site address] ).SLP Site Location Plan 24.089.Trankle ( [site address] ).PL03 Proposed Site Plan 24.089.Trankle ( [site address] ).PL01 [name] – Sheet 1 24.089.Trankle ( [site address] ).PL02 Proposed Plan – Sheet 2 24.089.Trankle ( [site address] ).PL04 Elevations – Sheet 1 24.089.Trankle ( [site address] ).PL05 Elevations – Sheet 2 24.089.Trankle ( [site address] ).PL06 Elevation – Sheet 3 24.089.Trankle ( [site address] ).PL07 Site Section – Sheet 1 24.089.Trankle ( [site address] ).PL08 Site Section – Sheet 2 24.089.Trankle ( [site address] ).PL09 Site Section – Sheet 3

No development shall commence until a Construction Management Plan (CMP) has been submitted to and approved in writing by the local planning authority. This shall include but not be limited to the following:- (a) the timetable of the works; (b) daily hours of construction; (c) any road closure; (d) hours during which delivery and construction traffic will travel to and from the site; (e) the number and sizes of vehicles visiting the site in connection with the development and the frequency of their visits; and (f) the parking of vehicles of site operatives and visitors. The measures set out in the approved CMP shall be carried out and complied with in full during the construction of the development hereby approved.

No development shall commence until temporary fencing for the protection of all retained trees/hedges on site and trees outside the site whose [name] fall within the site shall be erected in accordance with BS 5837:2012 (Trees in Relation to Design, Demolition and Construction) and the Arboricultural Impact Assessment, Tree Protection Plan and [name] by Advanced Arboriculture Ltd dated 17 June 2025. The fencing shall remain in place until the completion of development. Nothing shall be stored or placed (including soil), nor shall any ground levels be altered, within the fenced area. There shall be no burning of any material within 10 metres of the extent of the canopy of any retained tree/hedge.

Details of the surface water drainage system shall be submitted to and approved in writing by the local planning authority prior to any construction works above slab level. The approved surface water drainage system shall be installed prior to the first occupation of the dwelling hereby permitted and thereafter be retained and maintained as approved.

The works hereby approved shall proceed in accordance with the precautions, advice and measures described in the Bat and Nesting Bird Assessment Report by [name], dated September 2025. On completion of the works hereby approved, the ecologist shall provide written confirmation to the local planning authority that all the measures and safeguards from the ecological report have been put in place and are acceptable.

Within 3 months of the commencement of the development hereby approved, full details of hard and soft landscape works, including an implementation and management plan, shall be submitted to and approved in writing by the local planning authority. Details of soft landscaping works shall include a plan showing the location of new trees and plants, noting species, tree size and proposed numbers/densities. All works shall be carried out in accordance with the approved details and implementation plan by the end of the first planting season following the first occupation of the dwelling hereby approved and shall thereafter be maintained in accordance with the approved management plan. Any trees or vegetation that fail within the first 5 years following their planting shall be replaced in the next available planting season to match the original species.

Prior to any above ground works, full details and/or samples including the colour of the materials to be used on the external surfaces of the dwelling hereby permitted shall be submitted to and approved in writing by the local planning authority. The work shall proceed in accordance with the approved materials.

Prior to the occupation of the dwelling hereby approved, the ground floor window which serves the corridor to bedrooms 3 & 4 in the northeast elevation of the dwelling shall be fitted with a minimum of level 3 obscured glazing over the entirety of the window with no clear areas. This window shall be fixed shut unless opening parts are located higher than 1.7m above finished floor level or it is fitted with a 100mm opening restrictor. Once installed, the window shall thereafter be permanently retained as such.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no windows, doors or other openings [other than those expressly authorised by this permission] shall be constructed at ground level on the northeast elevation of the dwelling hereby approved.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no development permitted by virtue of [name], AA and E of Part 1 of Schedule 2 to the Order shall be undertaken.

No external lighting shall be installed other than in accordance with a scheme which shall have been first submitted to and approved in writing by the local planning authority. End of conditions