We need to make better use of the buildings we have, for all sorts of reasons, and particularly in town centres. This case is a good example of a pragmatic decision which enables this, at a property in Torquay, and which I think may be a useful benchmark for other such properties across Torbay. 

The property is on Fleet Street in Torquay town centre. There is an occupied ground floor retail unit which will remain in retail use. The proposals comprise the change of use of the upper floors of the building, which for years have been under-utilised as retail storage space and are currently not used at all, to create four new homes. 

Torbay Council refused planning permission, but a Planning Inspector has allowed an appeal and granted permission. Well done to my colleague Ben Naughton for his work on this. 

The Council cited sub-standard living conditions in terms of floor areas and daylight. There was a difference of opinion as to whether NDSS and ceiling height standards would be met, but even if there were shortcomings, they would only be 1% or 2% below the standards. Daylight levels were also a challenge in some parts of the building and were debated, but Narracotts Architecture did a great job in arranging the spaces in the best way possible to maximise internal light. The Inspector’s conclusion: “the proposed development would provide adequate living standards”.

The Council also claimed that the mix of four 1-bedroom flats would exacerbate the existing gap between the most and least disadvantaged communities in Torbay. The Inspector disagreed: "Whilst I find that the proposed development would not necessarily deliver the type of homes that would appeal to everyone, they would, nonetheless, meet an identified need for new homes, in a sustainable location."

The Inspector also noted the benefits of improvements to the building's appearance, and new residents bringing increased activity and additional spending into the town centre, finding that, "these benefits more than outweigh the limitations that the development would have in terms of the suitability of the accommodation for all sections of the population.”

The appeal was determined by the Inspector on a ‘straight balance’ against current Development Plan policies. There is both a considerable need for new homes in the Torbay area and a chronic under-supply of them, with the Council’s housing land supply position at just 2.17 years, and that was before the December 2024 changes to the Standard Method which further hiked the need. In this case, however, the Inspector did not need consider the appeal on a Framework 11dii ‘tilted balance’.