Planning application
P/2021/0930
14 Heritage Way Brixham TQ5 9FN
Proposal
Certificate of Lawfulness for proposed loft conversion with flat roof dormer to North West elevation.
As published by the council, reference P/2021/0930
Timeline
Dates from the published record
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12 Aug 2021
Received by Torbay
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7 Mar 2024
Decision issued: Refusal
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1 Aug 2026
Added to PlanIndex
What refusal means
The process from here
The council refused this application for the reasons set out on the decision notice, which the council portal holds in full. Only the applicant can appeal a refusal; the time limit runs from the decision date and is shorter for householder schemes.
Refusal does not prevent a fresh attempt. Applicants often address the reasons for refusal and resubmit, so a refused scheme is not necessarily the end of proposals for the site.
About lawful development applications
How this application type works
A lawful development certificate is a legal determination, not a planning judgement. It asks the council to confirm either that existing use or works are lawful, often through the passage of time, or that a proposal would not need planning permission at all. The applicant must prove the facts; the merits of the scheme are not considered.
Nearby applications
Within 500 metres
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P/2022/1284 Decided
Land Adjacent To 26 Wall Park Road Brixham TQ5 9UE
Installation of pole and associated apparatus.
-
P/2026/0415 Awaiting decision
Badgers Run Heath Road Brixham TQ5 9AU
Certificate of lawfulness for proposed: formation of garden room in rear garden.
-
P/2024/0566 Granted
13 Lands Road Brixham TQ5 9AS
Infill extension below raised deck, additional two storey extension above.
-
AT/2026/0150 Awaiting decision
4 Wolborough Gardens Brixham TQ5 9DD
T1 - 1x False Acacia / Black Locust - Sectionally dismantle, fell, and remove to ground level using appropriate dismantling and lowering techniques to ensure the safe and controlled removal of all sections in accordance with industry best practice. Treat the cut stump with a selective herbicide in the form of Eco Plugs (glyphosate) to reduce the likelihood of regrowth. T2 - 1x Common Beech Tree - Reduce the overall canopy of the tree as follows: Reduce the height of the tree by approximately 2.0 metres, leaving a final overall height of 8.0 metres. Reduce the radial crown spread by approximately 2.0 metres, leaving a final radial spread of approximately 6.0 m at all compass points. All works shall retain the tree?s main framework and natural form, maintaining a high proportion of the foliage-bearing structure. Individual pruning wounds shall not exceed 80 mm in diameter. Crown lift by removing secondary and sub-lateral branch growth only, to provide a vertical clearance of approximately 2.50 metres between ground level and the lowest foliage tips, thereby achieving the desired clearance above the driveway & garage roof. All works shall retain the natural form of the crown and avoid the creation of large pruning wounds. Individual pruning wounds shall not exceed 40 mm in diameter. All cuts shall be made at suitable growth points in accordance with BS 3998:2010 Tree Work ? Recommendations. Tree Preservation Order & Conservation Area Application Justification See attached document for specification, plan and reasons
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AT/2024/0256 Granted
Breakwater Court Berry Head Road Brixham Torbay TQ5 9AG
T2 - Pine Tree Fell - Tree is a small tree but overhanging the highway very low. a lot of coaches and lorrys visting berryhead hotel and public buses use this road. the trees need heavily cutting back but due to the nature of the tree it will not recover from this. T2 is touching the building that needs cutting back.
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AT/2024/0254 Refused
Breakwater Court Berry Head Road Brixham Torbay TQ5 9AG
T1 Pine Tree Fell - tree is a small tree but overhanging the highway very low. a lot of coaches and lorrys visting berryhead hotel and public buses use this road. the tree needs heavily cutting back but due to the nature of the tree it will not recover from this. T1 the base is on crumbling foundations.
Other lawful development applications
In Torbay
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P/2026/0274 Refused
8 Colin Road Paignton TQ3 2NR
Certificate of lawfulness for existing: use as a children care home within use class C2.
-
P/2026/0275 Refused
13 Longpark Hill Torquay TQ1 4TL
Certificate of lawfulness for existing: use as a children care home within use class C2.
-
P/2026/0222 Granted
Annexe 221 Dartmouth Road Paignton TQ4 6LG
Certificate of lawfulness for proposed: Maisonette to be used as holiday let.
-
P/2026/0415 Awaiting decision
Badgers Run Heath Road Brixham TQ5 9AU
Certificate of lawfulness for proposed: formation of garden room in rear garden.
-
P/2026/0412 Awaiting decision
South Devon Magistrates Court Union Street Torquay TQ1 4BP
Certificate of lawfulness for existing operations undertaken to convert the building to form 14 residential apartments (as approved under P/2022/0969).