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Planning application

Badgers Run Heath Road Brixham TQ5 9AU

Refused Torbay P/2026/0415 Cert. of Lawfulness - Proposed

Refused. Only the applicant can appeal, within the statutory time limit, and a revised scheme can be submitted instead.

Proposal

Certificate of lawfulness for proposed: formation of garden room in rear garden.

As published by the council, reference P/2026/0415

Application record

Reference
P/2026/0415
Type
Cert. of Lawfulness - Proposed
Status
Decided
Decision
Refusal
Received
6 Jul 2026
Validated
15 Jul 2026
Decided
9 Sep 2026
Ward
St Peters With St Marys
Decision by
Delegated
Postcode
TQ5 9AU

Timeline

Dates from the published record

  1. 6 Jul 2026

    Received by Torbay

  2. 15 Jul 2026

    Validated

    Checked as complete and ready for consideration.

  3. 1 Aug 2026

    Added to PlanIndex

  4. 9 Sep 2026

    Decision issued: Refusal

Documents

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 documents

What this refusal means

Torbay refused this application for the reasons on the decision notice; only the applicant can appeal, and refused schemes often return in revised form. More in our guide to what happens after a planning decision.

About lawful development applications

A lawful development certificate is a legal determination that existing or proposed works do not need planning permission; the merits of the scheme are not considered. More in our guide to planning application types.

Nearby applications

Within 500 metres

  • 4 Wolborough Gardens Brixham TQ5 9DD

    AT/2026/0150 Submitted 12 Jun 2026 62m away

    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

    Granted Trees
  • 103A Berry Head Road Brixham Devon TQ5 9AG

    AT/2012/0063 Submitted 19 Mar 2012 90m away

    Works as proposed in Appendix 1

    Granted Trees 3 docs
  • 13 Lands Road Brixham TQ5 9AS

    P/2024/0566 Submitted 19 Aug 2024 113m away

    Infill extension below raised deck, additional two storey extension above.

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  • Park Court Heath Road Brixham TQ5 9AX

    AT/2026/0065 Submitted 26 Feb 2026 140m away

    G001 - Pine, crown lift to 2.5m above public footpath T002 - Weeping Ash, reduce entire canopy to live growth at 3.5m above ground level Reason for works: The Pine trees have low foliage overhanging the public footpath which needs pruning back. The Weeping Ash is virtually dead with very limited reiterative growth centrally, plenty of adventitious growth around crown break which will be left for continued growth.

    Granted Trees
  • Breakwater Court Berry Head Road Brixham Torbay TQ5 9AG

    AT/2024/0256 Submitted 27 Sep 2024 159m away

    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.

    Granted Trees 3 docs
  • Breakwater Court Berry Head Road Brixham Torbay TQ5 9AG

    AT/2024/0254 Submitted 27 Sep 2024 159m away

    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.

    Refused Trees 3 docs

In Torbay

  • P/2026/0561 Awaiting decision

    18 Greenway Road Brixham TQ5 0LR

    Certificate of Lawfulness for formation of rear extension, alterations to windows and doors, updated entrance and patio areas, installation of solar PV panels and green roof, and associated works.

    7 Sep 2026 Lawful development
  • 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