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22 Oct 2025

Nick Bye: Council 'can't win' with planning controversies

Torbay Councillor Nick Bye responds to the upset over the planning works at Singleton Gardens

Nick Bye: Council 'can't win' with planning controversies

Singleton Gardens

It's all been going on in the Wellswood ward while I have been away it seems and first I must say "thank you" to my hard working colleague Cllr Hazel Foster for taking a lead in my absence.

Planning controversies are nothing new in Torquay or elsewhere and now we are in the midst of various upsets relating to planning enforcement: cases where things have happened without consent and (mostly) some very vocal residents are saying "something must be done!"

Recognising we should have more effective planning enforcement the current town hall administration put a further £100,000 pa in the council budget for 2025/26 with the intention of recruiting two additional planning enforcement officers.

Hopefully like the American Cavalry they will appear over the horizon shortly, although of all the administration's budget proposals this was the one which gained the least support in the public consultation during the winter. So perhaps some residents are a little more relaxed or believe there are other priorities to spend council tax money on.

The current hottest potato appears to be the demolition of the original dwelling at Singleton Gardens, Meadfoot Sea Road, a modest structure which is judged nonetheless a "key" building in the Lincombes Conservation Area, where consent was recently granted for the removal of not very sympathetic flat roof extensions and replacement by more attractive additions.

Yours Truly as Ward Councillor asked for this application to be considered by the Planning Committee rather than just be approved by Officers under delegated powers so the merits could be considered in public.

In fairness, I have not had the chance so far to take a look at this site since returning from holiday and so can't make a judgement as to whether this demolition "fits" with what has been agreed, perhaps as a first stage in remodelling the dwelling in accordance with the planning approval or whether it's a total demolition job to pave the way for Goodness Knows What?

The work took place over the Easter weekend, caused considerable upset some of which related to the noise and dust etc. However it seems tempers boiled over and an alleged altercation has been widely reported. This latter of course is a matter for the Police and not the Town Hall.

Our splendid Chief Executive no less became involved in the necessary response to the planning issues (as if she hasn't got enough on her plate) and reading through emails it seems a "stop" has been ordered other than for some minor works to ensure an adjacent structure remains sound.

Not far away there's controversy over the rebuilding of a wall at Lincombe Drive where a pedestrian gate has been replaced by something wider, again without consent. Both Hazel Foster and I have been assured action is afoot, but so far no one is telling us what exactly?

Planning enforcement is conducted, like much council business, in confidence, so unless a retrospective planning application appears or something is rebuilt then it's difficult to reassure residents anything is actually happening. I am sure some would like to see the culprits transported to Van Diemen's Land or some other form of public punishment, but it just doesn't work like that. 

In any case our Officers need to be confident any action won't be challenged successfully at appeal or through the courts. If someone has spent tens of thousands (or even hundreds of thousands) on a project they are unlikely to just roll over, knock it down and start all over again.

Elsewhere in the Ward there's upset over action Torbay Council is taking against gates installed without consent even though the owner/applicant took this matter to appeal and lost. The planning inspectorate are completely independent from councils, technically appointed by the Secretary of State and exist to give the final word as it were on planning applications when a council says "no" but someone wants to take it further.

In this case Torbay Council is getting the blame for taking action following the appeal decision. It seems we just can't win.

Over the years I have noted planning is a technical process, determined on the basis of policies with increasing weight given to national rather than local policies.

Your councillors are poor little piggies stuck in the middle between what seems like emotional and quite personal campaigns at a local level coming up against the professional viewpoint of our officers who must interpret what comes from Westminster and Whitehall.

For all that most Councillors do enjoy serving on the Planning Committee as it's a chance to make decisions and see things take shape. I have HUGELY enjoyed my occasional guest appearances covering for when colleagues are off sick or absent for other reasons.

You just need the judgment of Solomon and to remember those who shout the loudest don't always have the strongest arguments or speak for everyone.

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