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Planning application

102 Stoke Gabriel Road Brixham TQ5 0EJ

Granted Torbay P/2022/1215 Cert. of Lawfulness - Proposed

Permission granted. Work must normally begin within three years of the decision or the permission lapses.

Proposal

Merging of residential dwelling and adjacent holiday let to form single residential dwelling.

As published by the council, reference P/2022/1215

Application record

Reference
P/2022/1215
Type
Cert. of Lawfulness - Proposed
Status
Decided
Decision
Approval
Received
7 Nov 2022
Validated
15 Nov 2022
Decided
25 Apr 2023
Ward
Churston With Galmpton
Decision by
Delegated
Postcode
TQ5 0EJ

Timeline

Dates from the published record

  1. 7 Nov 2022

    Received by Torbay

  2. 15 Nov 2022

    Validated

    Checked as complete and ready for consideration.

  3. 25 Apr 2023

    Decision issued: Approval

  4. 26 Aug 2026

    Added to PlanIndex

Documents

Plans, drawings, consultee responses and the officer's report

10 documents on file for this application

A planning file usually holds the application form, drawings and site plans, consultee responses, the officer's report and the decision notice.

Trade members open them from here.

Open the documents

What a grant of permission means

The process from here

Permission has been granted, usually subject to conditions listed on the decision notice, some of which must be discharged before work starts. The decision notice on the council portal sets out exactly what was approved.

Work must normally begin within three years of the decision or the permission lapses. Neighbours cannot appeal a grant; challenging one means judicial review of how the decision was made, within tight time limits.

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.

More on lawful development applications in our guide

Nearby applications

Within 500 metres

  • Port Hill Cottage 102 Stoke Gabriel Road Brixham TQ5 0EJ

    AT/2025/0269 Submitted 3 Sep 2025 20m away

    Fell 4x Ash trees - diseased with Ash Dieback

    Granted Trees
  • Manor Court Kiln Road Brixham TQ5 0EH

    AT/2024/0325 Submitted 28 Nov 2024 185m away

    T1 Silver Birch - Remove and replace with Canadensis Spring Glory T2 Liquidambar - Remove and replace with Lamckii "Snowberry" T3 Liquidambar - Remove and replace with Laevis Snowflakes T4 Liquidambar - Remove and replace with Grandiflora Ballerina The specific replacement trees have been chosen as varieties of Amelanchier. Reasons for works: 1. Concerns about the Existing Trees ? Size and Growth: The current trees are semi-mature and are likely to grow significantly larger, which may: ? Outgrow the space available in the area. ? Pose a long-term risk to nearby structures, pathways, or utilities due to root systems or overhanging branches. ? Health and Safety Risks: ? The trees may present potential hazards, such as falling branches during storms or high winds. ? Impact on Light and Surroundings: ? The existing trees are blocking light to nearby properties and the communal area negatively impacting the enjoyment and use of the space. 2. Proposed Replacement Plan ? Smaller Flowering Amelanchiers: ? The chosen replacement trees have been carefully selected to ensure they remain smaller in size at maturity, mitigating the risks associated with large trees in this area. ? Biodiversity and Aesthetics: ? These flowering trees will enhance the local environment, supporting biodiversity by providing nectar and pollen for bees and other pollinators. ? They will improve the visual appeal of the area, contributing positively to the character of the landscape. 3. Commitment to Replanting and Environmental Responsibility ? One-for-One Replacement: ? For every tree felled, a new tree will be planted, ensuring no net loss to the tree population in the area. ? Sustainable Management: ? The proposed trees will require less maintenance and are more suited to the location, reducing future need for pruning or potential removal. ? Community and Environmental Considerations: ? The replacements will align with community goals of maintaining green spaces while...

    Withdrawn Trees
  • Land Adjacent To 20 Dart View Road Galmpton Brixham TQ5 0PN

    P/2026/0027 Submitted 16 Jan 2026 246m away

    Non-material amendment relating to P/2023/0909. Amendments sought: add glazed canopy to East (principal) elevation, remove rooflight, add solar panels to East and West elevations, change 2 of 3 windows to doors on ground floor West elevation, change sizes and order of dormers and introduce Juliet balcony (West), change size and location of obscure window on North elevation, introduce chimney roof ridge line close to South elevation. Raise height of eaves.

    Refused Amendments Loft or dormer Windows or glazing
  • Land Adjacent To 20 Dart View Road Galmpton Brixham TQ5 0PN

    P/2026/0186 Submitted 26 Mar 2026 246m away

    Variation of conditions in relation to P/2023/0909 (Variation of Conditions relating to application P/2023/0375: Construction of a one-and-a-half storey dwelling with associated car parking and landscaping. Condition: P1 - Approved Plans. Variation sought: Increase in roof ridge height.): Condition P1 - Approved Plans & Condition 8 - Materials. Variation sought: Changes to elevations, including amendments to rooflight and solar panels to front, eaves height and introduction of chimney, glazed canopy at front, and changes to rear fenestration and side window.

    Granted Amendments Loft or dormer Roofing +1
    Domestic
  • 75 Stoke Gabriel Road Brixham TQ5 0NQ

    AT/2019/0280 Submitted 17 Oct 2019 261m away

    Ash Tree at the bottom boundary of garden. Fell this tree as it is suffering from ash dieback (shows considerable loss of foliage over its crown). The tree overhangs road "The Orchards" and is close enough to possibly fall on these houses. Would look to replant with something that can be managed to hedge size.

    Granted Trees 4 docs
  • 30 Stoke Gabriel Road Brixham TQ5 0NQ

    AT/2026/0035 Submitted 22 Jan 2026 287m away

    Ash (T1) - fell because the tree's canopy fails to contribute to the visual amenities that enhance the character and setting of the Conservation Area. A healthy and well-structured canopy is essential for maintaining the aesthetic and ecological value of such areas, providing shade, habitat for wildlife, and visual cohesion with the surrounding landscape.

    Granted Trees

In Torbay

  • P/2026/0412 Granted

    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).

    3 Jul 2026 Lawful development
  • P/2026/0360 Refused

    479 Babbacombe Road Torquay TQ1 1HL

    Certificate of lawfulness existing: for building as HMO with 8 bedsits, two kitchens & two bathrooms.

    4 Jun 2026 Lawful development
  • P/2026/0373 Refused

    Higher Yalberton Farm Yalberton Road Paignton TQ4 7PJ

    Certificate of lawfulness for existing: Retrospective temporary change of use of former agricultural building to ancillary residential accommodation in connection with construction of The Barn, together with installation of solar photovoltaic panels, replacement and insertion of windows and doors, associated operational development, building alterations, engineering works and ancillary development.

    9 Jun 2026 Lawful development
  • P/2026/0505 Awaiting decision

    Maycliffe Hotel St Lukes Road North Torquay TQ2 5PD

    Establishment of use of property as hotel.

    11 Aug 2026 Lawful development
  • P/2026/0468 Awaiting decision

    Marlow Wheatridge Lane Torquay TQ2 6RA

    Certificate of Lawfulness for a Proposed Use: Construction of garden room to side elevation to include cedar cladding.

    27 Jul 2026 Lawful development