Case 3358755

Land at The Old Coach House, Totnes Road, Marldon, Devon, TQ3 1RR

South Hams District Council — appeal allowed

Outcome
Allowed
Decision date
29 July 2025
Authority
South Hams District Council
Inspector
Phillips B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Outline
Development type
Minor Dwellings
Appellant
Mr J Richardson
LPA reference
3275/24/PIP
ONS LPA code
E07000044
Jurisdiction
Transferred
Link status
Not Linked
Start date
27 January 2025

Summary AI

The appeal for permission in principle to develop 2-3 dwellings on a site in Marldon, Devon was allowed. The inspector considered the site's location, proposed land use, and amount of development, and found that it was suitable for residential development despite highway safety concerns. Alternative routes were identified that would reduce the risk of conflict between pedestrians and cars. The development would not harm the setting and significance of a nearby Grade II listed building.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Land at The Old Coach House, Totnes Road, Marldon, Devon, TQ3 1RR — South Hams District Council — Appeal Decision Site visit made on 9 July 2025 by B Phillips BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 29 July 2025 Appeal Ref: APP/K1128/W/25/3358755 Land at The Old Coach House, Totnes Road, Marldon, Devon TQ3 1RR • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr J Richardson against the decision of South Hams District Council. • The application Ref is 3275/24/PIP. • The development proposed is the erection of 2 to 3no dwellings and associated works. Decision 1. The appeal is allowed and permission in principle is granted for the erection of 2 to 3no dwellings and associated works at Land at The Old Coach House, Totnes Road, Marldon, Devon TQ3 1RR in accordance with the terms of the application, Ref 3275/24/PIP. Preliminary Matters 2. The proposal is for permission in principle. The Planning Practice Guidance (PPG) advises that this is an alternative way of obtaining planning permission for housing- led development.

Page 1 · Chunk 1 Appeal Decision

Land at The Old Coach House, Totnes Road, Marldon, Devon, TQ3 1RR — South Hams District Council — Appeal Decision The permission in principle consent route has 2 stages: the first stage (or permission in principle stage) establishes whether a site is suitable in- principle and the second, ‘technical details consent’ stage is when the detailed development proposals are assessed. This appeal relates to the first of these 2 stages. 3. The scope of the considerations for permission in principle is limited to location, land use and the amount of development permitted. All other matters are considered as part of a subsequent TDC application if permission in principle is granted. The Council’s objections relate to highway safety issues arising from the location of the proposal. I have determined the appeal accordingly. 4. I have removed wording from the description above that does not describe development. Main Issues 5. The main issue is whether the site is suitable for residential development, having regard to its location, the proposed land use and the amount of development, with specific reference to highway safety. Reasons 6. The site is located on Totnes Road as it extends out of the settlement of Marldon. There is a linear row of large detached houses along Totnes Road set within large plots with off road parking.

Page 1 · Chunk 2 Appeal Decision

Land at The Old Coach House, Totnes Road, Marldon, Devon, TQ3 1RR — South Hams District Council — Appeal Decision However, befitting of the transition from the settlement https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Land at The Old Coach House, Totnes Road, Marldon, Devon, TQ3 1RR — South Hams District Council — Appeal Decision However, befitting of the transition from the settlement https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Land at The Old Coach House, Totnes Road, Marldon, Devon, TQ3 1RR — South Hams District Council — Appeal Decision Appeal Decision APP/K1128/W/25/3358755 to the surrounding countryside, the road is increasingly rural in nature with hedges and verges adjacent to the appeal site. 7. Marldon contains numerous services and facilities that would meet the day to day needs of residents. These are within a reasonable walking distance from the appeal site. 8. This walk would require the traversing of Totnes Road, a busy A road, which, whilst benefitting from footpaths and grass verges for some sections, includes some sections without any separate footway or street lighting. Whilst not an excessive distance, this would make the simplest most direct route into the centre of the settlement (straight along Totnes Road) unsafe as it require walking on the highway for some distance and would result in potential conflict between pedestrians and cars. 9. Nevertheless, there are alternative routes available. The footway which runs close to the appeal site extends to the junction with Westerland. This road has the character and appearance of a semi-rural lane, however there are a number of dwellings along its length which means that pedestrians, cyclists, horse riders and vehicles share the road space.

Page 2 · Chunk 5 Appeal Decision

Land at The Old Coach House, Totnes Road, Marldon, Devon, TQ3 1RR — South Hams District Council — Appeal Decision Users would be used to each other and I observed that the speed of vehicles was considerably slower than on Totnes Road. The likelihood of conflict between road users is therefore smaller. Whilst there is no street lighting, it offers a realistic and acceptably safe and direct route to the facilities of Marldon. 10. There is also a public footpath which runs past the Christmas tree farm on Totnes Road and connects this road with Moorview. The use of this footpath would also considerably reduce the length of Totnes Road that is required to be walked to the short distance between Westerland and Farthing Lane. Whilst not as direct into the centre of the settlement, it would provide a good route to a convenience store and would be a quicker way to the primary school on Marldon Cross Hill. Given the use of a limited distance of Totnes Road without footway in this instance, this would also be a practical and acceptable route for pedestrians as the likelihood of conflict with cars would be limited. 11. Whilst it may be the case that future occupants may be likely to take the more direct and therefore unsafe route into the settlement, I find that there are realistic alternative routes that are sufficiently safe and practical.

Page 2 · Chunk 6 Appeal Decision

Land at The Old Coach House, Totnes Road, Marldon, Devon, TQ3 1RR — South Hams District Council — Appeal Decision This is unlike the circumstances set out in the example provided by the Council1, where the Inspector found that, due to the proposal of up to 40 dwellings and excessively circuitous alternative routes, it was likely that numerous people would end up walking an unsafe route. As such this example materially different to the scheme before me. 12. I conclude that the site is suitable for residential development, having regard to its location, the proposed land use and the amount of development, with specific reference to highway safety. There would therefore be no conflict with the integration with adjacent developments and safe access goals of Policies SPT2 DEV10 and DEV29 of the Plymouth and South West Devon Joint Local Plan 2014 - 2034 (2019). 1 Appeal Decision APP/K1128/W/24/3347514 https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

Land at The Old Coach House, Totnes Road, Marldon, Devon, TQ3 1RR — South Hams District Council — Appeal Decision Appeal Decision APP/K1128/W/25/3358755 Other Matters 13. A nearby property, Higher Westerland, is Grade II listed. It is a large two storey stone and slate detached property, which the listing describes it as a 18th Century possibly 17th Century, and notes sash windows without glazing bars, a central fielded and flush panel door, gothic pointed arch window on east side and a 20th century glazed veranda across front. I observed that its significance therefore in part relates to its retained architectural qualities. 14. The setting of the property includes newer residential development of mixed character and appearance set in large gardens, including the neighbours along Totnes Road and the Old Church House, which will sit in between this property and the appeal site. As such, the setting contributes little to the significance of the property. 15. Whilst details of matters such as siting and appearance would be considered under the technical details consent stage, the proposed development would be seen in the context of the existing mixed surrounding residential form. The development would not harm the setting and significance of this listed building.

Page 3 · Chunk 8 Appeal Decision

Land at The Old Coach House, Totnes Road, Marldon, Devon, TQ3 1RR — South Hams District Council — Appeal Decision As such, there would therefore be no conflict with the prevention of harm to heritage assets, including their setting, goals of Paragraph 213 of the National Planning Policy Framework. 16. Details relating to sewage, electricity connection, adequate visibility splays for the access and the effect of noise and disruption from construction would also be considered in detail at the technical details consent stage. Conditions 17. PPG2 indicates that it is not possible to impose conditions as the terms of any permission in principle must only include site location, type of development and amount. Conclusion 18. I conclude that, for the reasons given above, the appeal is allowed.

Page 3 · Chunk 9 B Phillips

Land at The Old Coach House, Totnes Road, Marldon, Devon, TQ3 1RR — South Hams District Council — B Phillips INSPECTOR 2 Paragraph 020 Reference ID: 58-020-20180615 https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Highway safety
Against appellant
¶8

The inspector found that walking on Totnes Road, a busy A road, would be unsafe due to the potential conflict between pedestrians and cars. However, alternative routes were identified that would reduce this risk.

Heritage impact
For appellant
¶14-15

The inspector found that the proposed development would not harm the setting and significance of the nearby Grade II listed building, Higher Westerland.

Policies relied on

Reference Weight
Plymouth and South West Devon Joint Local Plan 2014 - 2034 (2019) Policies SPT2 DEV10 and DEV29
Moderate
Paragraph 213 of the National Planning Policy Framework
Moderate

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 29 July 2025 under the Open Government Licence.