49 Hill Park Road, BRIXHAM, TQ5 9EU

49 Hill Park Road, BRIXHAM, TQ5 9EU — Torbay Council — Appeal Decision Site visit made on 22 June 2021 by C Cresswell BSc (Hons) MA MBA MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 20 July 2021 Appeal Ref: APP/X1165/W/21/3270661 49 Hill Park Road, Brixham, Devon TQ5 9EU • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a against a failure to give notice within the prescribed period of a decision on an approval required under Schedule 2, Part 1, Class AA of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). • The appeal is made by Mr Alan Cash against the decision of Torbay Council. • The application Ref P/2021/0101, is dated 19 January 2021. • The development proposed is additional storey extension. Decision 1. The appeal is dismissed. Reasons 2. I understand that the Council has not validated the planning application or followed the usual notification procedures. As such, I am unable to determine that neighbouring residents are fully aware of the proposal or have been given a fair opportunity to comment on it. If I were to allow the appeal, the interests of these parties could therefore be prejudiced.

49 Hill Park Road, BRIXHAM, TQ5 9EU — Torbay Council — Appeal Decision This would not accord with the principles of natural justice which are enshrined within planning law. 3. I note the dispute between the Council and the appellant regarding fees and the subsequent breakdown in communication which led to the appeal being made. However, as I am dismissing the appeal for other reasons, I do not address these matters any further. Nor have I considered the planning merits of the proposed development. 4. For the reasons given above, the appeal is dismissed.

49 Hill Park Road, BRIXHAM, TQ5 9EU — Torbay Council — C Cresswell INSPECTOR https://www.gov.uk/planning-inspectorate