Badgers Run Heath Road Brixham TQ5 9AU Data via plota.co.uk

P/2026/0415 - Cert. of Lawfulness - Proposed Refused
Extensions & alterations

Proposal

Certificate of lawfulness for proposed: formation of garden room in rear garden. Data via plota.co.uk

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View original council record ↗Last checked

Application progress

✓
Received
15 Jul 2026
✗
Refused
9 Sept 2026
Appeal
Not lodged

Refused on 9 Sept 2026 · Delegated · Last checked 10 Sept 2026

Documents

View the documents on the council's website ↗

Site constraints 6

Special area of conservation 178 m away: Lyme Bay and Torbay
Work nearby can need a habitats assessment.
Harm to a protected site is only accepted where there is no alternative and an overriding public interest.
Conservation area 23 m away: Brixham Town
The edge of the area; work outside it can still affect its setting.
The council must give weight to preserving or enhancing the area's character and appearance. Not every council has published its boundaries as open data.
Council document ↗
Also on the record
National landscape 229 m away: South Devon; SSSI 364 m away: Berry Head to Sharkham Point SSSI; 2 listed buildings within 150 m; Inside the Brixham built-up area.
Not affected
Outside flood zones 2 and 3 · Not green belt · No scheduled monument at the site

Checked on 11 September 2026. Historic England, the Environment Agency, Natural England and council datasets, Open Government Licence. A boundary can run through a site and the council holds the definitive record: confirm with the council before relying on this.

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Important details

Council
Torbay
Application type
Cert. of Lawfulness - Proposed
Postcode
TQ5 9AU
Received
15 Jul 2026
Validated
15 Jul 2026
Ward
St Peters With St Marys
Case officer
Show
Decision
Refusal
Decision date
9 Sept 2026
Decision level
Delegated
Applicant
Show
Agent
Paul Barnett

How this decision compares

Decided in 56 days from validation, 8 days faster than Torbay's median of 64 for extensions. Refused, as 15% of extensions here are.

39%decided within 8 weeks
85%approved
137decided in the last year

Plota live figures for extensions decided by Torbay in the last twelve months, from validation. Torbay decision record →

Public comments

No public comments yet.

Last counted 10 Sept 2026

Read the comments on the council site ↗

Consultation & key dates

Alt. reference
PP-15029166
Comments by
13 Aug 2026
Env. assessment
No

Historical activity at this location

17 nearby applications on record - archival context, not part of the live application.

Within ~100m

Nearby activity

2024 Approved
3 Wolborough Gardens Brixham TQ5 9DD
Cyprees (T1 & T2) - Outer crown reduction by 1.5 metres on selected branches, because of…
AT/2024/0045
2022 Refused
3 Wolborough Gardens Brixham TQ5 9DD
Monterey cypress Following survey we are applying to remove the two Monterey cypress tree…
AT/2022/0137
2022 Approved
The Elders 103 Berry Head Road Brixham TQ5 9AG
Formation of roof extension to existing garage block to form ancillary accommodation.
P/2022/0052
2021 Refused
2 Wolborough Gardens Brixham TQ5 9DD
Single storey extension to rear.
P/2021/0418
2021 Refused
Fairways 3 Wolborough Gardens Brixham TQ5 9DD
PLEASE NOTE ADDRESS IS FAIRWAYS 3 WOLBOROUGH GARDENS, OFF HEATH ROAD, BRIXHAM NOT HEATH R…
AT/2021/0036
2021
89 Berry Head Road Berry Head With Furzeham Brixham Torbay TQ5 9AG
We would like to fell a small poplar tree within the conservation area. The tree is not c…
AT/2021/0100
2021
89 Berry Head Road Berry Head With Furzeham Brixham Torbay TQ5 9AG
Oak T1 (Holme Oak) Fell. Have had Greg Laywood from Clear View trees look at the trees af…
AT/2021/0034
2020 Approved
89 Berry Head Road Berry Head With Furzeham Brixham Torbay TQ5 9AG
. T1 Hawthorn & T2 Hazel - Overall crown reduce by 1.5m, with cyclical consent to prune w…
AT/2020/0041
2019 Approved
Ennismore 6 Wolborough Gardens Brixham TQ5 9DD
Single storey garage extension to south elevation.
P/2019/0157
2018 Approved
Fairways 3 Wolborough Gardens Brixham TQ5 9DD
Raise crown on 1 mature Macrocarpa, to achieve a clearance of approximately 4m. Scaffold…
AT/2018/0288
2018 Approved
Silver Harvest 1 Wolborough Gardens Brixham TQ5 9DD
T131: Due to the proximity of the tree to the adjacent dwellings and its elevated positio…
AT/2018/0194
2018 Approved
2 Wolborough Gardens Brixham TQ5 9DD
Non material amendment to P/2018/0038 - P1- Minor amendments to plans.
P/2018/0868
2018 Approved
2 Wolborough Gardens Brixham TQ5 9DD
Non material amendment to P/2018/0038 - Amend list of approved plans under condition P1
P/2018/0657
2018 Approved
2 Wolborough Gardens Brixham TQ5 9DD
Side extension, front extension, construction of new entrance porch, replacement balustra…
P/2018/0038
2017 Approved
7 Lands Road Brixham TQ5 9AS
Single storey rear extensions with balcony roofs over and ancillary alterations.
P/2017/0174
2016 Approved
103A Berry Head Road Berry Head With Furzeham Brixham Torbay TQ5 9AG
Arboricultural Report- R1948al(103aBerryHeadRd-TreeReport)
AT/2016/0155
2016 Approved
1 Lands Road Brixham TQ5 9AS
Side extension
P/2016/0080
Torbay
Planning Authority Score
1.9/10
Poor
#276 of 296 councils
Relevant to this application:
Householder decisions

Torbay is one of the slowest councils in England for householder decisions, ranking #276 out of 296. 54% of applications have the time limit extended, above the 41% national average. Householder applications are slightly more likely to be approved here (90%) than the national average (90%).

Among the slowest councils in England
for householder decisions
These figures are council-wide context, not a prediction for this application. View full council performance
Torbay decision statistics
Based on MHCLG data, the year to March 2026
87%
Overall approval rate
Above avg (87%) #183 of 296
90%
Householder approved
Above avg (90%) #197 of 296
37%
Decided in 8 weeks
Below avg (63%) #276 of 296
54%
Extended time limit
Above avg (41%) #247 of 296
81%
Minor dwellings approved
53 decided (1-9 homes)
100%
Major dwellings approved
9 decided (10+ homes)
91%
Change of use approved
44 decided
529
Total decisions
68 refused in the year to March 2026
Source: MHCLG planning statistics · See full council rankings