Planning application
Rowcroft Avenue Road Torquay TQ2 5LS
Permission granted. Work must normally begin within three years of the decision or the permission lapses.
Proposal
Certificate of lawfulness for existing: Confirmation of lawful implementation of development approved under P/2024/0497.
As published by the council, reference P/2026/0292
Application record
- Reference
- P/2026/0292
- Type
- Cert. of Lawfulness - Existing
- Status
- Decided
- Decision
- Approval
- Received
- 5 May 2026
- Validated
- 5 May 2026
- Decided
- 16 Jun 2026
- Ward
- Tormohun
- Decision by
- Delegated
- Postcode
- TQ2 5LS
Timeline
Dates from the published record
-
5 May 2026
Received by Torbay
-
16 Jun 2026
Decision issued: Approval
-
12 Aug 2026
Added to PlanIndex
Who's behind it
Company information only, from the register and Companies House
Agent on file, registered in Newbury
1,396 applications on PlanIndex · across 150 councils · 91% granted
Trade members see who it is, their full track record, and every application they have filed.
See who's behind itDocuments
Plans, drawings, consultee responses and the officer's report
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 documentsWhat 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.
Nearby applications
Within 500 metres
-
Rowcroft Hospice Avenue Road Torquay TQ2 5LS
Variation of Conditions relating to major application P/2022/0772: Demolition of Mildmay, the art room and estate workshop buildings and construction of new 60-bed specialist dementia & complex needs nursing home with ancillary facilities (Use Class C2). Remodelling of and extension to Main House to provide a 14-bed inpatients unit with ancillary facilities (Use Class C2). Remodelling of Rainbow House and construction of 40 assisted living units with communal facilities (Use Class C2). Construction of 3 guest lodges (Use Class C2). Construction of shared resident and community facilities comprising restaurant (Use Class E(b)), creche / nursery (Use Class E(f)) and community room / village hall (Use Class F2(b)). Construction of estate workshop. Associated car and cycle parking. Comprehensive landscape scheme to include publicly accessible amenity space, communal and private amenity space, restoration of boating lake, sustainable drainage features, allotments, new tree planting and associated works. Various vehicular, cycle and pedestrian routes through the site. All associated infrastructure works. (As amended by plans received 14.11.2022). Conditions: P1 - Approved Plans, 15 - Arboricultural Method Statement, 21 - Parking Management Plan, 23 - Landscaping Scheme, 33 - Care Home Ancillary Units. Variation sought: amendments to restaurant, nursery and community room/village hall with associated amendments to landscaping, generator plant and parking.
Decided Amendments Extension Demolition 141 docsMajor scheme -
Rowcroft Hospice Avenue Road Torquay TQ2 5LS
Demolition of Mildmay, the art room and estate workshop buildings and construction of new 60-bed specialist dementia & complex needs nursing home with ancillary facilities (Use Class C2). Remodelling of and extension to Main House to provide a 14-bed inpatients unit with ancillary facilities (Use Class C2). Remodelling of Rainbow House and construction of 40 assisted living units with communal facilities (Use Class C2). Construction of 3 guest lodges (Use Class C2). Construction of shared resident and community facilities comprising restaurant (Use Class E(b)), creche / nursery (Use Class E(f)) and community room / village hall (Use Class F2(b)). Construction of estate workshop. Associated car and cycle parking. Comprehensive landscape scheme to include publicly accessible amenity space, communal and private amenity space, restoration of boating lake, sustainable drainage features, allotments, new tree planting and associated works. Various vehicular, cycle and pedestrian routes through the site. All associated infrastructure works. (As amended by plans received 14.11.2022.)
Decided Full applications Extension Demolition 182 docsMajor scheme -
Rowcroft Avenue Road Torquay TQ2 5LS
G005 - Common ash - Group of 4 trees adjacent to site access down steep bank with branches overhanging access road. Fell tree. X2 ash trees near back entrance. T0068 - Common ash - Located near large concrete drain. Fell tree. Sectional dismantle and fell. T0095 - Common ash - Tree in highway verge. Sectional dismantle and fell. T1803 - Common ash - Woodland tree located on high side if footpath tree marked with pink spot. Fell tree. T7 / (T1802)- Common ash - Woodland edge tree leaning towards garden area. marked with pink spot Heavy lean towards formal garden area. Cavities X3 at base - good level of reactive butressing. Tree has a 2 dimensional form due to recent tree removal. remove tree Fell tree. T0048 - Common ash - In woodland on high side of footpath. Smaller diameter ash located immediately behind. Historic branch failure on south east side of tree at 7 metres - wound occluding well although partial delamination also noted in immediate area. veteranising the tree at 6 metres from ground level. T0093 - Common ash - Tree in highway verge overhanging dwelling - Vitality poor - tree marked with paint. Fell tree. T0520 - Common ash - In verge adjacent to road.fell tree with low target area. T1801 - Common ash - Woodland tree. Target range includes footpath. Fell tree. T0958 - Oak - will have to be removed at the same time as is being held up by the ash that is being removed T0955 - Common ash - Slender tree with weight bias over footpath. veteranising the tree at 7 metres from ground level. G2 - Common ash x7 - Group 10 of woodland edge trees with a low target range. marked with pink spot. - Remove group of ash. Fell trees.
Granted TreesDomestic -
Rowcroft Avenue Road Torquay TQ2 5LS
On sketch plan: ///ready.split.thudding Too61- beech. Height reduction by c.5-6m (tree 24m and post pruning height will be c.18m). Canopy edges will be pruned reduced by approximately 1.5m- 2m to shape. ///data.defers.political Too62- beech- reduce height by 3-4m (tree post pruning is expected to be 21m in height). Top edges of canopy to be reduced??by??1m??to??shape. 3x mature beech trees behind and to the north east of the creative therapies studio. ///digesting.kite.skim. T1. 1x beech tree directly behind studio - Reduce in height by approximately 3-4m to appropriate pruning points. Post pruning height will be approximately 14-16m. Reduce eastern canopy edge to taper in with remaining canopy spread. This will be done by removing 2.5m from the tips of the branches. ///hides.depth.soap. T2. 1x beech tree north east of the studio - Reduce in height by approximately 3-4m to appropriate pruning points. Post pruning height will be approximately 16-18m. Reduce eastern canopy spread by 2m by removing overextending lateral branches back to suitable pruning points. T3. 1x beech tree north west of T2 - Reduce in height by 2.5m to appropriate pruning points. Post pruning height will be 14m above ground level. The finishing height of the tree will fit in with the already narrow canopy spread of the tree. These trees are referred to as group 3 on QTRA document.
Refused Trees 5 docs -
Rowcroft Avenue Road Torquay TQ2 5LS
T1: Mature Holm Oak: Crown reduce the height and lateral spread by approximately 3 - 3.5 metres, pruning branch tips back to suitable secondary growth points to retain a natural crown outline. Works to achieve a balanced canopy with no more than one-third of foliage removed in accordance with BS 3998:2010. Tree is heavily leaning towards neighbouring property and the canopy is all weighted in the same direction due to it being a woodland edge tree. The requested works are to help reduce excessive shading within the garden area. The tree is very imposing from the property with its heavy lean towards property and growing from bank at its canopy spread.
Granted Trees -
Rowcroft Avenue Road Torquay TQ2 5LS
T008: 1x Mature Beech Large buttress roots formed around the base of the tree, situated as focal point for garden area. Tight included union at bifurcation point at 4m, with large ears formed to the north and south, included union on secondary eastern stem at 8m with ears formed to the north and south. Historic primary limb failure at 8m on the western stem, large open wound with limited wound wood formed. Large ganoderma spp brackets growing from cavity to the north on western most stem. Bracket forming in old occluding wound to the south of the wound site on same stem. In striking distance of benches in garden area. Area is used for events in the summer. Tree has had primary limb failure at union at secondary eastern stem at 8m. Tree officer has attended site and agreed on removal, area roped off until TPO application has been approved. Fell tree and replant with Copper Beech.
Granted Trees
Other lawful development applications
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).
-
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.
-
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.
-
P/2026/0505 Awaiting decision
Maycliffe Hotel St Lukes Road North Torquay TQ2 5PD
Establishment of use of property as hotel.
-
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.