Planning in Torbay

Healthy Bay

All development should contribute to improving the health and well-being of the community, reducing health inequalities and helping to deliver healthy lifestyles and sustainable neighbourhoods proportionate to the scale of the proposal. To achieve these requirements, applicants should demonstrate that they have had regard to the following: 1. Consideration of the opportunities available to address the causes of ill-health in the local area; 2. Promotion of healthy, safe and active living for all age groups, including healthy living options for older people; and 3. Improvement of access to medical treatment services, including the provision of healthcare clusters where appropriate. Major residential developments of 30 or more dwellings or other development creating over 1,000 square metres of floorspace will be required to undertake a screening for a Health Impact Assessment (HIA), and a full HIA if necessary, proportionate to the development proposed, to demonstrate how they maximise positive impacts on health and healthy living within the development and in adjoining areas. This will also apply to smaller-scale developments where there are reasons to indicate that a proposal may give rise to a significant impact on health.

Sport, leisure and recreation

Development should provide access to sport, leisure and recreation facilities according to the additional demand it generates and the capacity, condition and location of existing facilities. Where a need is identified for new facilities, they should be provided in appropriate locations, preferably co-located with existing and other planned sports facilities, where they are accessible by a range and choice of transport and comply with other Policies in this Plan, particularly in relation to residential amenity. An assessment of existing provision of such facilities will be required with development proposals proportionate to their scale, allowing the Council to determine whether a contribution is needed towards new facilities or the enhancement of existing provision. Major new leisure facilities should be developed on accessible and well-located sites, wherever possible, using available town centre sites as first preference, then edge of town centre sites, district centre locations and existing concentrations of facilities. Any proposal that may lead to likely significant effects on sites protected under European legislation will only be permitted where no adverse effect on the integrity of the site can be shown. The following proposals are identified in the Local Plan: 1. Sports facilities at Brown's Bridge (The Willows), Torquay (area of search); 2. A Closed Road Cycle Circuit at Clennon Valley, Paignton; 3. Enhanced sports facilities at Torbay Leisure Centre, Clennon Valley, Paignton; 4. A Velodrome at Clennon Valley, Paignton (area of search); 5. A Watersports Centre at Broadsands, Paignton; and 6. Sports facilities at Churston, Brixham (area of search). There will be a presumption against loss of existing recreational and leisure facilities, unless: i) An assessment has been undertaken which has clearly shown the open space, buildings or land to be surplus to requirements; or ii) The loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quantity and quality in a suitable location; or iii) The development is for alternative sports and recreational provision, the needs for which clearly outweigh the loss.

Education, skills and local labour

The Local Plan will support the improvement of existing and provision of new educational facilities to meet identified needs in Torbay. This includes both the expansion of schools to meet identified short to medium-term needs, and construction of new schools to address longer-term requirements associated with the delivery of new homes. The Council will support initiatives and developments that improve skills and links between work and education, particularly through South Devon College and the Torbay and South Devon NHS Foundation Trust. The Council will support the delivery of key worker housing and self-build housing where there is a clear link between skills development and future employment of those people involved in those types of project. The Council will promote and negotiate use of local labour training arrangements, placements and apprenticeship schemes during the construction phases of major developments and encourage the use of local labour wherever possible.

Child poverty

New development will be assessed for its contribution towards reducing child poverty, proportionate to the scale and nature of the proposal. The following will be taken into account: 1. The provision of affordable homes, to rent or to buy, in order to provide a range and choice for low-income families; 2. The provision of energy efficient new homes and use of renewable energy, in order to address fuel poverty; 3. Encouragement of landlords to re-use empty homes and support improvements to the existing housing stock, in order to improve property conditions; 4. The provision of open/play space, adequate garden sizes and improved access to the countryside or urban greenspace, in order to provide local, affordable activities and play space; and 5. The need to support investment in existing schools and make appropriate contributions, and improve equality of access to high quality education provision for all, including early-years education.

Clennon Valley Leisure Hub

Clennon Valley in Goodrington will develop its role as an outstanding leisure and recreation venue, providing activities and sports facilities for residents and visitors, within a superb natural setting. This will include, and be led by, a mix of leisure, recreational, tourism and community uses as the core activity in the area. Development should comprise a landscape and green infrastructure-led design approach to ensure the conservation of a strategic green corridor linking Goodrington's beaches with the top of the valley and nearby holiday accommodation and parks. Development in this sensitive location should provide resilience to the effects of climate change and adhere to planning guidance on Greater Horseshoe Bats within the South Hams SAC. Any proposals that may lead to likely significant effects on sites protected under European legislation will only be permitted where no adverse effect on the integrity of the site can be shown. Developments within the Clennon Valley Leisure Hub will comprise a mix of uses and deliver improvements to the recreation and tourism offer, whilst enhancing green infrastructure and biodiversity in the area.

Sustainable communities

Development will be assessed against its contribution to improving the sustainability of existing and new communities within Torbay, and especially the way in which it closes the gap between the most and least disadvantaged neighbourhoods. Development must help to create cohesive communities within a high quality built and natural environment where people want to live and work. Proposals that regenerate or lead to the improvement of social, economic or environmental conditions in Torbay, and particularly within Community Investment Areas, will be supported in principle. Development proposals will be assessed according to whether they achieve the following criteria, insofar as they are relevant and proportionate to the development: 1. Meet the needs of residents and enhance their quality of life; 2. Help to close the gap between the most and least disadvantaged people and neighbourhoods in Torbay; 3. Help to develop a sense of place and local identity; 4. Promote social inclusion, and seek to eliminate exclusion based on access to housing, health, education, recreation or other facilities; 5. Help to reduce and prevent crime and the fear of crime whilst designing out opportunities for crime, antisocial behaviour, disorder and community conflict; 6. Support local food production and consumption; 7. Create a well connected, accessible and safe community; 8. Contribute to the success of the local labour market by improving provision of and/or access to jobs and widening the pool of available labour; 9. Protect and enhance the local natural and built environment, where appropriate through planning contributions; 10. Deliver development of an appropriate type, scale, quality, mix and density in relation to its location; 11. Contribute towards any additional educational or training needs including the promotion and negotiation of local labour training arrangements, placements and apprenticeship schemes, and by promoting the provision of local employment space, in order to tackle worklessness; 12. Enable people to have access to local services to meet their day-to-day needs including open spaces, community halls (or rooms), play areas, leisure and recreation facilities and allotments; and 13. Provide a good standard of residential accommodation, by seeking to retain small to medium sized homes (2–4 bedrooms) and resisting change of use of these homes to HMOs and small self-contained flats. This applies especially in Community Investment Areas, identified on the Policies Map, and other areas with significant living environment deprivation.

Tourism, events and culture

Torbay's tourism offer will be developed in a sustainable and competitive manner, to enhance its role as a premier tourism destination. Tourist facilities and accommodation will be improved and modernised, and new tourism facilities provided, in order to attract new visitors, particularly overnight visitors, and increase overall spend. Growth sectors, such as sustainable tourism, will be actively encouraged.

Design

Development should be well-designed, respecting and enhancing Torbay's special qualities. These include the waterfront and natural setting of the Bay, and the character of the natural and built environment, including areas and buildings of historic interest and settlement patterns. Schemes should design out opportunities for crime and disorder. Major development should be informed by a townscape and/or landscape assessment, including historical context of the site, existing and previous land uses (including agricultural land quality where appropriate) as well as movement patterns through and/or around the site. Development proposals will be assessed against their ability to meet the design considerations set out below: Design considerations for development Function 1. Be adaptable to future change and needs, including that of occupiers; 2. Promote diversity through a balanced mix of uses that work together and encourage sustainable living; 3. Make the best use of space in terms of ground coverage and height; 4. Be designed to reduce crime and the fear of crime by the promotion of safety and security in the design of buildings and surrounding space, whilst ensuring that amenities are not unduly affected. Design should also minimise opportunities for community conflict, antisocial behaviour and maximise safety for all; 5. Be economically and socially viable in terms of density, mix, function and location; 6. Where appropriate ensure equality of access and use for all sectors of the community; 7. Integration of the development and surrounding green infrastructure, including sustainable drainage and water-sensitive urban design; 8. Achieve a net gain in biodiversity, including tree and hedgerow planting and habitat creation; 9. Avoid noise and light pollution; and 10. Promote tenure-neutral design, materials and location of affordable housing. Visual appeal 11. Be uncluttered and attractive, including where appropriate the removal of unsightly additions when considering the conversion of existing buildings; 12. Acknowledge local character, and develop distinctive character in townscape and landscape terms, using existing landform features; 13. Have a clear urban structure and grain that integrates with the surrounding context; 14. Relate to the surrounding built environment in terms of scale, height and massing; 15. Make the most of opportunities to restore/improve key gateways into the Bay and to create a focal point; 16. Evolve high quality architectural detail with a distinctive and sensitive palette of materials; 17. Protect important local and longer-distance views and impact on the skyline, especially from public vantage points, having regard to the location and prominence of the site; and 18. Integrate with the existing street scene and features, including trees. Quality of public space 19. Positively address the street with active frontages; 20. Respect existing street frontages and built form; 21. Ensure definition of space that clearly and coherently defines private and public areas; 22. Be legible, permeable and accessible to all users; 23. Provide opportunities for active lifestyles including walking and cycling (Active Design) 24. Provide public space and routes that are attractive, safe, uncluttered and work effectively, including a means of storing waste which minimises impact on the street scene; 25. Positively enhance the built environment; 26. Avoid creating gated communities; 27. Incorporation of existing trees and native species; and 28. Provision of high quality hard and soft landscaping.

Building for Life

To demonstrate the delivery of high quality urban design, major development proposals with a residential component will be assessed against the Building for Life 12 (BfL12) design tool (or equivalent version/methodology). A development proposal will be supported by the Council when it performs positively against BfL12, and secures as many 'green lights' as possible under its 'traffic light' system. When a development proposal does not reduce the number of 'amber' and 'red lights' scored in the BfL assessment, where reduction is considered possible and such reduction would improve the quality of development, the Council will not grant planning permission. Site and scheme specific constraints will be taken into account.

Development amenity

All development should be designed to provide a good level of amenity for future residents or occupiers and should not unduly impact upon the amenity of neighbouring and surrounding uses. This will be assessed using the following criteria: 1. The impact of noise, nuisance, visual intrusion, overlooking and privacy, light and air pollution; 2. Satisfactory provision for off-road motor vehicle parking, bicycles and storage of containers for waste and recycling; 3. Scale and nature of the use, specifically where this would be overbearing, or lead to an over-concentration of similar uses which would harm the amenity of the area; 4. Impacts on existing living conditions and standards of accommodation of other uses; 5. New dwellings should comprise self-contained accommodation with separate access; 6. New residential development will need to have particular regard to outlook; 7. Provision for useable amenity space, including gardens and outdoor amenity areas; 8. New homes should be developed at a density which makes good use of land, whilst avoiding town cramming and the loss of open space; and 9. Adequate floorspace should be provided in residential development to achieve a pleasant and healthy living environment. Where necessary, in order to limit the impact of new development, the Council may seek to restrict the use of hours of operation, time and volume of deliveries, vehicular access and operation of machinery, as well as other measures necessary to preserve amenity.

Building heights

The height of new buildings should be appropriate to the location, historic character and the setting of the development. New development should be constructed to the prevailing height (the most commonly occurring height) within the character area in which it is located, unless there are sound urban design or socio-economic benefits to justify deviation from this approach. The introduction of new tall buildings above the prevailing height will be supported where they: 1. Enhance the vitality of an area; 2. Contribute to the regeneration of Torbay; 3. Strengthen the character of the area; 4. Are appropriate in terms of their visual impact; 5. Provide wider urban design or socio-economic benefits; 6. Make a positive addition to the built form, townscape and surrounding landscape; and 7. Preserve or enhance local and long-distance views, and key vistas.

Domestic extensions

Extensions to domestic dwellings will be permitted where: 1. The plot is large enough to accommodate the proposed extension without resulting in a cramped or over-developed site, or the loss of important trees or hedgerows; 2. The extension would not dominate or have other adverse effects on the character or appearance of the original property or any neighbouring properties, or on the street scene in general; 3. The extension would not cause harm to the amenity of nearby properties, for example through overlooking, overbearing impact, loss of light or privacy, or water run-off; 4. The extension would not result in the loss of parking, including garage space, where no suitable alternative exists to serve the property; 5. Highway safety would not be impaired; and 6. No net additional surface water should drain into shared sewers.

Advertisements

Advertisements will not be permitted where: 1. They would harm visual or aural amenity; or 2. They would undermine public safety.

The economy and employment

The Local Plan supports the regeneration of Torbay and improvement in its economic performance, with the aim of achieving a step-change in economic prosperity as set out in Torbay's Economic Strategy. The Local Plan supports existing businesses and education facilities, it encourages new businesses and investment in order to create new jobs, and it enables expansion and diversification of the economy of the Bay. The Local Plan supports the creation of at least 5000-5,500 net additional jobs by 2030 with an emphasis on delivering around 1375 net new jobs in the first 5 years of the Plan period. To help achieve this objective, at least 65,000 square metres of employment space, comprising 28,000 square metres of Use Class B1- B2 space and 38,000 square metres of other employment uses are proposed on the sites in Policy SS5, as part of mixed use developments where appropriate. Additional provision will be made for healthcare and education where the need arises. Phased delivery of mixed use development, especially in the first 5 years of the Plan, must include early provision of serviced employment space. The Council will, in principle, support proposals that deliver employment space and high value jobs.

Marine economy

The Council will support investment in marine-related development where this produces economic, social or environmental benefits to the area, and where proposals are consistent with wider environmental, historic environment, landscape, biodiversity, ecology, amenity and coastal defence objectives. Sites of importance to marine-based activities will be protected for such use, subject to the other Policies in the Local Plan. The following schemes will be investigated: 1. An extension to Torquay Harbour 2. Improvements to Paignton Harbour 3. Construction of Brixham Northern Arm Breakwater. Any proposal that may lead to likely significant effects on sites protected under European legislation will only be permitted where no adverse effect on the integrity of the site can be shown.

Torquay

Torquay is and will remain the primary commercial centre of Torbay. Harbourside and town centre sites will be developed for appropriate mixed uses, and the re-use of space within buildings for residential accommodation will be supported. The urban areas will be improved and renewed, with strong support for family homes. Regeneration, comprehensive redevelopment and large scale investment will ensure that the town centre and Torquay Harbour areas evolve as the principal town centre and the centrepiece of a modern, prosperous and sustainable Torbay, whilst conserving or enhancing the historic and natural environment. The Local Plan and Neighbourhood Plans will bring forward new housing, employment, green infrastructure and leisure provision in the Torquay Gateway area to the north west of Torquay. High quality exemplar developments will be sought, appropriate to their gateway setting, which respect and enhance the natural and built environment. Priority species such as Cirl Buntings and Greater Horseshoe Bats will be safeguarded. All development will be required to minimise or reduce surface water draining into combined sewers, in accordance with Policy ER2 in order to safeguard the Marine Candidate Special Area of Conservation. The strategic green gap between Torquay and Kingskerswell will be maintained. Torquay will deliver a minimum of 37,200 square metres (net) of employment floorspace and around 3,955 new homes over the Plan period. The sources and timing of delivery are set out in Tables 5 and 6 below and Policies SDT2 to SDT4. Policy W5 is also relevant.

Torquay Gateway

High quality employment space, new homes, leisure and local retail facilities to serve the immediate area will be delivered in the Torquay Gateway to raise the economic prosperity of Torbay, complement town centre regeneration and help fund essential transport improvements serving the Bay. A high quality of design will be required to enhance the built and natural environment, strengthen the sense of arrival into Torbay, and protect the green gap between Torbay and Kingskerswell. Design should include the provision of high quality green infrastructure assets, maximising cross boundary linkages where appropriate. Off-site biodiversity offsetting will be required where on-site avoidance, mitigation and compensation does not provide a net gain in biodiversity. Any proposals that may lead to likely significant effects on sites protected under European legislation, including those relating to Greater Horseshoe Bats and Cirl Buntings, will only be permitted where no adverse effect on the integrity of the site can be shown. Any detailed proposals for development in the area should first be informed by appropriate Greater Horseshoe Bat and Cirl Bunting surveys undertaken during a suitable time of year. Any biodiversity impact from development should be offset. Particular attention should be given to loss of grassland (foraging) habitat and internal hedgerows. A buffer of darkened hedgerow should be provided and maintained, particularly along the western buffer, in accordance with Policy NC1. The provision of new employment will be a focus for new development within the Torquay Gateway, with the delivery of quality office space being particularly expanded at Edginswell. Redevelopment and refurbishment of existing employment estates, to provide modern employment space, will be supported.

Employment space

In order to meet the needs of existing, growing and new businesses, sufficient high quality space will be provided to meet existing and arising requirements of employers. Specific sites will be identified through Neighbourhood Plans and Masterplans, drawing from the range of sites indicated in Table 2 (Sources of employment land). In particular, the provision of new and improvement of existing employment space will be supported in the following areas and projects: 1. Town centres; 2. Torquay Gateway; 3. West Paignton; 4. Refurbished / revitalised existing employment estates; and 5. As part of urban renewal projects. This will include space and facilities for Use Class B employment uses and other non-Use Class B sectors including health, leisure, retail, tourism and education, which play an important role as employment generators in the Bay. For major employment or mixed use developments, the Council will seek around 25% of space to be provided as Use Class B space, to reflect the needs of the area and to increase GVA. In the case of mixed use developments, an element of cross subsidisation of employment uses from higher value land uses will be sought, to ensure the speedy delivery of the employment element of developments. Proposals for out-of-centre retail uses and town centre uses will be considered on the basis of Policies TC1 to TC4. Much of Torbay's employment space needs will be met within town centres and existing employment estates. However, to maximise opportunities for economic recovery, employment space will be brought forward within the Strategic Delivery Areas identified around Torquay Gateway and the West of Paignton. The Council, in conjunction with Torbay Development Agency and Neighbourhood Planning Forums, will use Local Enterprise Areas and Local Development Orders to encourage provision of high quality employment space, environmental improvements, and better facilities serving employment within existing and proposed employment areas, so long as this is consistent with other Policies in this Plan. The Council will, in principle, support the provision of work hubs, managed workspace and live-work units. The provision of live-work units will be treated as employment space and secured through the use of s106 Planning Obligations where appropriate. Proposals for the loss of employment space will be considered on the basis of the impact on the economic prosperity of Torbay, the appropriate mix of uses within a locality and on amenity. Where there is no reasonable prospect of a site being used for other (non-Use Class B) employment purposes or such a use would conflict with the Local Plan, alternative uses that support sustainable local communities will be supported. Where the proposed loss of employment space is agreed, the Council will seek financial contributions to mitigate the loss of employment. If planning permission is granted for B1 space the Council may restrict permitted development rights in respect of change of use to residential, in order to secure available, modern office space and retention of employment opportunities.

Energy

The Local Plan will seek to ensure that carbon emissions associated with energy use from new and existing buildings (space heating, cooling, lighting and other energy consumption) are limited. All major development proposals should make it clear how low-carbon design has been achieved, and how the following sequential energy hierarchy has been applied in doing so. Proposals should identify ways in which the development will maximise opportunities to achieve the following (in sequential order): 1. Conserve energy by reducing energy demand through siting and design. This includes the use of building orientation, layout and landscaping to optimise solar gain, ventilation and cooling; 2. Use energy efficiently within the fabric of the building; 3. Incorporate the use of decentralised heat, cooling and power systems; and 4. Use on-site or near-site renewable technologies to achieve further reductions in carbon emissions. New development should connect to a district heating network where there are existing proposals or schemes. Where there are significant opportunities for a communal heat network but only at a future date, the development should be designed to allow later connection. The retrofit of energy efficiency measures to existing buildings will be encouraged and supported. Opportunities for reducing carbon emissions associated with energy use will be sought through the development management process as part of the wider conversion/refurbishment of buildings where planning permission is required.

Renewable and low-carbon infrastructure

The Council will support, in principle, proposals for new renewable and low-carbon energy generating systems at all scales, including district heat and power and community projects. The wider environmental, community and economic benefits of proposals of these systems will be given great weight. Proposals for renewable and low-carbon infrastructure will be considered against other Policies in the Local Plan. Development will not be permitted where the negative impacts of the proposal outweigh the benefits of the scheme. In particular, provision of new renewable energy infrastructure will only be approved where the Council has ascertained that it would not have an adverse effect on the integrity of any site protected under European legislation.

Low carbon development and adaptation to climate change

Commensurate with their scale and nature, development proposals will be required to minimise carbon emissions and the use of natural resources expected to arise during the lifetime of the development. In particular, applications for major development will be expected to clearly demonstrate how taking a low carbon approach has influenced the design strategy for the development proposed. As a key part of delivering environmental sustainability in a holistic manner, this could typically include the consideration of construction methods and materials, design, energy, water consumption, waste management, travel planning and carbon offsetting. Development should be designed to be appropriately resilient to the local climate, including extreme weather events, commensurate with the anticipated lifetime and use of the proposal. In doing so, the projected effects of climate change should be fully considered as part of the design, layout, form and location of a proposed scheme. In particular, development proposals will be required to make the most of opportunities to provide resilience to climate change through: 1. Limiting the potential for summertime overheating within buildings as well as the surrounding external environment; 2. Conserving water supplies and minimising the risk and impact of flooding; 3. Avoiding responses to climate impacts which lead to increases in energy use and greenhouse gas emissions. The Local Planning Authority will consider whether or not the proposal is resilient to climate change, in consultation with the Environment Agency, taking account of design, layout, form, location and the increase in flood risk to other properties and people.

Nature Conservation - Nationally important sites and species

Development on or likely to have an adverse effect on nationally important sites such as Sites of Special Scientific Interest will not normally be permitted. Such proposals will only be permitted in exceptional circumstances where the following can be met: i) The benefits from development outweigh the impacts on the site and broader nature conservation interests; and ii) Nature conservation impacts can be fully mitigated/compensated. Consideration should be had to the cumulative impacts of developments. Development likely to cause harm to such sites or species that cannot be mitigated as above will therefore only be permitted where there is an overriding public interest considered to outweigh the impact(s) on nature conservation, where a thorough assessment of impacts (both individually and in combination with other developments) has been undertaken, and where consideration has been given to reasonable alternative sites for development. Development that risks harm to Cirl Bunting habitats and territories will only be permitted where the benefits of development clearly outweigh the impacts, including in combination effects, and the impacts can be mitigated in full. Developers will be expected to provide mitigation on site, where practicable.

Countryside and the rural economy

In the open countryside, away from existing settlements, and in rural areas surrounding the three towns of Torbay, development will be resisted where this would lead to the loss of open countryside or creation of urban sprawl, or where it would encourage the merging of urban areas and surrounding settlements to the detriment of their special rural character and setting. Major new development should focus on Future Growth Areas in the Strategic Delivery Areas set out in the Key Diagram, consistent with the ambition and policies of the Local Plan. Otherwise, development outside the main urban areas and Strategic Delivery Areas will normally only be permitted within the established boundaries of villages and hamlets, provided that it is of an appropriate modest scale and consistent with relevant Local Plan Policies, including those relating to landscape, recreation, biodiversity, design and conservation. Suitable infill development, refurbishments and conversions will be permitted within these settlements in order to meet the day-to-day needs of local communities, to promote the retention and development of local services and to help maintain their sustainability. Village Envelopes in Maidencombe and Churston/Galmpton are defined on the Policies Map. Outside settlement boundaries, the following forms of development may be permitted, provided that the rural and landscape character, wildlife habitats, green corridors and historic features are not adversely affected and necessary mitigation measures are carried out to minimise any harm to the environment: 1. New homes for which there is a proven agricultural need, or self-build affordable housing where acceptable under Policy H3; 2. Development required for forestry, horticulture or agriculture; 3. Touring caravans and tents; 4. Tourist facilities appropriate to the rural area; 5. Development associated with outdoor sport and recreation appropriate in a rural area; 6. Sensitive conversion, alteration and extension of existing buildings; 7. Essential improvements to the highway network; and 8. Appropriate renewable energy development. Where new development proposals come forward, the Council will also have regard to the need to protect, conserve or enhance the distinctive landscape characteristics and visual quality of a particular location, as identified in the Torbay Landscape Character Assessment, the suitability of development and the capacity of the countryside to accommodate change. Development in the countryside should not have adverse effect on the integrity of the South Hams SAC or other important habitats. It should also have regard to Policy NC1 to assess the in-combination effects of multiple developments that could affect Greater Horseshoe Bats and the integrity of the South Hams SAC, and the scope for developer contributions to mitigate the impact of increased recreational pressure on the South Hams SAC. The Countryside Area is shown on the Policies Map.

The coastal landscape

The undeveloped coast: The Council and partnership organisations will conserve the character of the undeveloped coast and seek to enhance its distinctive landscape, seascape, biodiversity, geological, recreational and cultural value. Development will not be permitted in the undeveloped coastal area unless proposals satisfy the following requirements: 1. Maintain the unspoilt character of the coastline, coastal landscape and seascape; 2. Maintain or improve public access for recreation; and 3. Provide sensitively designed development, including tourism uses, where there are clear economic or sustainability benefits that cannot be realised in alternative locations. Development outside the undeveloped coast which may harm the intrinsic character of the area will be assessed with regard to visual impact. The undeveloped coast is shown on the Policies Map. The developed coast: In the developed areas of coast, development will be permitted where it provides benefit to Torbay's economy and does not unacceptably harm the landscape character and appearance of natural, historic or geological assets.

Flood Risk and Development

Where redevelopment is necessary in areas at risk of flooding it should be laid out and designed to ensure buildings and their surroundings are appropriately resistant and resilient to all forms of flooding, would be safe and would not increase the risk of flooding to third parties. Mitigation measures such as Sustainable Drainage Systems (SUDS), Water Sensitive Urban Design (WSUD) and water storage areas will be required to restrict site discharge rates, alleviate downstream flood risk, prevent increased discharge from Ilsham Combined Sewer Oufall (CSO) during flood events and encourage biodiversity. Proposals should have regard to the Council's Local Flood Risk Management Strategy and comply with the requirements of any subsequent Action Plan. In this context, the Council will produce a Supplementary Planning Document setting out detailed guidance on the use and application of WSUDS and SUDS. Development that contributes directly to downstream flooding and increased discharge from Ilsham CSO during flood events will not be permitted until the appropriate flood protection measures referred to above are put in place. Developers will be required to contribute to these works as appropriate (see Policy SS7 'Infrastructure, phasing and delivery of development'). SUDS should seek to maximise benefits for amenity, water quality, recreation and biodiversity and take account of the vulnerability and importance of existing ecological resources. A financial contribution may also be requested for capital improvement works to the existing drainage infrastructure. Torbay has now been designated as a Critical Drainage Area and as a consequence all developments will require a basic Flood Risk Assessment (FRA). A more detailed FRA will be required for proposals with a site area of 1 hectare or greater within Flood Zone 1, including where they impact on catchments draining into Flood Zones 2 and 3, and for all new development within Flood Zones 2 and 3. A Flood Risk Assessment will also be required for development close to seafronts within Flood Zone 1 where there may be a risk of flooding due to wave action. Development of basement accommodation, including changes of use or basement parking will not be permitted where there is danger of inundation and consequent risk to life. On sites which benefit from existing flood defence schemes, consideration should be given to how the development will be safe and satisfactorily defended for the lifetime of the development, having regard to the future maintenance, modifications and enhancements that will be required to retain the existing level of protection. A financial contribution towards flood defence works may be requested by the Council. Development will be resisted where this requires disproportionate costs for flood defence works, or generates substantial obligations for the public sector. Development must not result in the loss of access to watercourses, or flood defence assets, for maintenance, clearance, repair or replacement. Proposals which provide functional improvements to a floodplain, open up culverts or restore the natural characteristics of catchments will be promoted and encouraged, particularly where this reduces flood risk, improves water quality, maintains water resources, enhances biodiversity, or produces other benefits, such as improved amenity or provision for recreation.

Trees, hedgerows and natural landscape features

Development will not be permitted when it would seriously harm, either directly or indirectly, protected or veteran trees, hedgerows, ancient woodlands or other natural features of significant landscape, historic or nature conservation value. Where the loss of, or impact on trees, hedgerows or landscape features is considered acceptable as part of development, replacement and other mitigation measures will be required through planning condition or legal agreement. These measures should at least off-set any such harm, and preferably achieve landscape and biodiversity improvements, and make provision for on-going management. Development proposals should seek to retain and protect existing hedgerows, trees and natural landscape features wherever possible, particularly where they serve an important biodiversity role. Proposals for new trees and woodlands will be supported in principle and will be a specific requirement of proposals in Strategic Delivery Areas and related Future Growth Areas.

Urban Landscape Protection Areas

Development within Urban Landscape Protection Areas (ULPAs), as shown on the Policies Map, will only be permitted where: 1. It does not undermine the value of the ULPA as an open or landscaped feature within the urban area; and 2. It makes a positive contribution to the urban environment and enhances the landscape character of the ULPA.

Flood risk

Development must be safe for its lifetime, taking account of its future use, function and government projections of how the risk of flooding may change in response to climate change. The sequential approach, as outlined in the National Planning Policy Framework, must be used to guide new development towards sustainable locations, giving priority to sites with the lowest risk of flooding and taking account of the vulnerability of the proposed land uses. Areas subject to flood risk are shown on the Policies Map. Development proposals will be expected to maintain or enhance the prevailing water flow regime on-site, including an allowance for climate change, and ensure the risk of flooding is not increased elsewhere. Where development is necessary in areas at risk of flooding it should be laid out and designed to ensure buildings and their surroundings are appropriately resistant and resilient to all forms of flooding, would be safe and would not increase the risk of flooding to third parties. Mitigation measures such as Sustainable Drainage Systems (SUDS), Water Sensitive Urban Design (WSUD) and water storage areas will be required to restrict site discharge rates, alleviate downstream flood risk, prevent increased discharge from Ilsham Combined Sewer Oufall (CSO) during flood events and encourage biodiversity. Proposals should have regard to the Council's Local Flood Risk Management Strategy and comply with the requirements of any subsequent Action Plan. In this context, the Council will produce a Supplementary Planning Document setting out detailed guidance on the use and application of WSUDS and SUDS. Development that contributes directly to downstream flooding and increased discharge from Ilsham CSO during flood events will not be permitted until the appropriate flood protection measures referred to above are put in place. Developers will be required to contribute to these works as appropriate (see Policy SS7 'Infrastructure, phasing and delivery of development'). SUDS should seek to maximise benefits for amenity, water quality, recreation and biodiversity

Water management

Development proposals must: 1. Provide for adequate water supplies and the efficient use of water including its re-use and recycling; 2. Avoid harm to surface waters (including rivers and coastal waters), sensitive water-reliant habitats and species and sites protected under European legislation, and any adverse impacts on the quality and quantity of groundwater. Regard should be had to the cumulative effects of developments; 3. Prepare and submit, as part of a planning application, Pollution Prevention Plans where there is a significant risk of adverse effects on aquatic ecosystems; 4. Provide appropriate sewage disposal systems with separate foul and surface water, and particularly through sustainable drainage measures, reduce water being discharged into shared sewers (see also Policy W5 'Waste water disposal'); and 5. Deliver appropriate mitigation measures in accordance with the Government's current Water Framework Directive objectives. All development should seek to minimise the generation of increased run-off, having regard to the drainage hierarchy, whereby surface water will discharge to one of the following, listed in order of priority: i) An adequate infiltration system (for example swales, soakaways, infiltration basins, filter drains, rain gardens), or where that is not reasonably practicable; ii) A main river or water course, or where that is not reasonably practicable; iii) A surface water sewer or highway drain, or in the last resort where none of the above are reasonably practicable; iv) To a combined (foul and surface water) sewer, where discharge is controlled to be at greenfield discharge rates. In Torquay, where development has not met criteria i) to iv) listed above, it will be subject to an individual Habitats Regulations Appropriate Assessment. Development may need to be phased in accordance with the provision of adequate water-related infrastructure and a financial contribution, or works in kind, may be required in order for development to proceed. This would include funding to ensure the provision of any necessary additional surface water management schemes.

Contamination

Development proposals must take the following environmental considerations into account: 1. Where identified or suspected contamination presents a risk to public health and safety, buildings, structures or the natural environment, appropriate investigations and remedial or precautionary measures will need to be agreed with the Council; and 2. Developers will need to demonstrate that any identified or suspected contamination can be satisfactorily overcome without risk to health.

Ground stability

Development proposals must take the following considerations into account: 1. Appropriate investigations and remedial or precautionary measures will need to be agreed with the Council where identified or suspected ground instability presents a risk to public health and safety, buildings, structures or the natural environment; and 2. Developers will need to demonstrate that any identified or suspected ground instability can be satisfactorily overcome in order for development to proceed.

Minerals extraction

The process of identifying, appraising, designing and implementing proposals for new or disused sites for minerals extraction will be subject to the following criteria: 1. The need for the mineral, taking account of aggregate landbanks for Devon; 2. Likely effects on designated sites of environmental and historic importance, geodiversity or biodiversity; 3. Impact on the surface water flow regime and groundwater sources; 4. Compatibility with surrounding land uses, including historic character and landscapes, and in particular protected landscapes such as AONB; 5. Proximity to local communities and the need to maintain and enhance the local landscape character and setting of settlements; 6. Proximity to primary end use markets and ease of access by road or alternative transport modes; 7. The ability for a site or sites to deliver significant contributions to habitat creation and priority species as well as geodiversity gains where applicable; 8. The provision of Pollution Prevention Plans, including a method statement for management of all potentially polluting activities; and 9. There are no unacceptable impacts on human health, noise-sensitive properties and aviation safety; unavoidable noise, dust and particle emissions or vibrations should be controlled, mitigated or removed at source. Extensions to existing/disused sites will be given priority over new sites, subject to environmental acceptability. The cumulative effects of activities and sites will also be considered. Proposals for the extraction of building stone that demonstrate a local need for the mineral (such as the repair of heritage assets) will be supported, subject to the above criteria and other relevant Policy requirements of this Plan. An acceptable programme of progressive working throughout its life, early restoration and after-use should be submitted.

Biodiversity and geodiversity

Development in all areas The Local Plan seeks to conserve and enhance Torbay's biodiversity and geodiversity, through the protection and improvement of the terrestrial and marine environments and fauna and flora, commensurate to their importance. The promotion, improvement and appropriate management of Torbay's special environmental and geological qualities, and corridors between them, will be supported and will be a key element in promoting sustainable tourism and fostering pride in the area's unique environment. Development should not result in the loss or deterioration of irreplaceable habitats or wildlife corridors. Where development in sensitive locations cannot be located elsewhere, the biodiversity and geodiversity of areas will be conserved and enhanced through planning conditions or obligations. Development proposals should minimise fragmentation, and maximise opportunities for the restoration and enhancement of natural habitats, including trees and ancient woodlands. The integrity of wildlife corridors and important features shown in the Torbay Green Infrastructure Delivery Plan (2011) should be conserved and enhanced. All developments should positively incorporate and promote biodiversity features, proportionate to their scale. Where there is an identified residual impact on biodiversity, proposals will be expected to deliver a net gain in biodiversity through the creation or provision and management of new or existing habitats, in accordance with the Torbay Biodiversity and Geodiversity Action Plan (2007) and the Torbay Green Infrastructure Delivery Plan. If avoidance and mitigation are not sufficient, residual impacts must be off-set in a manner deemed acceptable by the Council. Internationally important sites and species Internationally important sites and species will be protected. Avoidance of likely significant effects should be the first option. Development likely to affect an international site will be subject to assessment under the Habitat Regulations and will not be permitted unless adverse effects can be fully mitigated. In addition, development likely to have a significant effect on the integrity of the South Hams SAC will be required to provide biodiversity conservation measures that contribute to the overall enhancement of Greater Horseshoe Bat habitats. Development around the edge of the built-up area that is within the Berry Head SAC Sustenance Zone or likely to affect strategic flyways of Greater Horseshoe Bats will as appropriate be required to protect existing hedgerows (including remnant hedges and veteran trees) that surveys show are being used as bat flyways. Such development will also enhance the existing flyways by providing features (such as linear corridors of hedgerows) to maintain and improve the ecological coherence of the landscape, necessary to maintain the Torbay population of Greater Horseshoe Bats in 'favourable conservation status'. This will include maintaining lighting levels at 0.5 lux. Developer contributions will be sought from development within the Brixham Peninsula (Policy SDB1) towards measures needed to manage increased recreational pressure on the South Hams SAC resulting from increased housing numbers or visitor pressure. Nationally important sites and species Development on or likely to have an adverse effect on nationally important sites such as Sites of Special Scientific Interest will not normally be permitted. Such proposals will only be permitted in exceptional circumstances where the following can be met: i) The benefits from development outweigh the impacts on the site and broader nature conservation interests; and ii) Nature conservation impacts can be fully mitigated/compensated. Consideration should be had to the cumulative impacts of developments. Development likely to cause harm to such sites or species that cannot be mitigated as above will therefore only be permitted where there is an overriding public interest considered to outweigh the impact(s) on nature conservation

Sustainable food production

The enhancement of existing and provision of new sustainable local food production facilities will be supported, including food hubs, orchards and allotments, subject to other Policies in this Plan. The change of use or redevelopment of allotment sites will not be permitted unless appropriate alternative provision is made, or it can be demonstrated that there is no demand for the facility. Development which would result in the detriment to or loss of the best and most versatile agricultural land (Grades 1, 2, or 3a) will only be permitted where there is an overriding need for the development and it is demonstrated by the applicant that it cannot be accommodated on lower grade land. Where development is proposed and there is a choice between sites of different grades, development should take place on land of the lowest grade feasible, subject to other Policies in the Plan. Residential development schemes of 30 or more units should include provision for sustainable food production, including allotments, proportionate to the scale of the development.

Brixham Urban Fringe and Area of Outstanding Natural Beauty

The Area of Outstanding Natural Beauty around Brixham, including Berry Head National Nature Reserve, St. Mary's Bay and the wider Brixham urban coastal fringe, will be conserved and enhanced to protect its intrinsic landscape and biodiversity value, and for recreational and tourism purposes. Development in this sensitive location should adhere to planning guidance for Greater Horseshoe Bats within the South Hams SAC. Adequate mitigations should be provided, in accordance with the HRA Site Appraisal Report of Torbay Local Plan Strategic Delivery Areas (Proposed Submission Plan)(2014), that ensure: i) there are no further restrictions on potential movement of Greater Horseshoe Bats along the strategic flyway through the area; and (ii) the retention and enhancement of foraging and on-site roosting opportunities. Any proposals that may lead to likely significant effects on sites protected under European legislation will only be permitted where no adverse effect on the integrity of the site can be shown. Development should seek to enhance existing green infrastructure assets, create new assets and provide improved connectivity between individual assets. Developments within the Brixham Urban Fringe area should comprise a mix of suitable uses to meet the key requirements specified below, in the context of the Brixham Urban Fringe Study (2011) as set out in Tables 21 and 22 below.

Natural environment

All development should have regard to its environmental setting and should positively contribute to the conservation and enhancement of the natural assets and setting of the Bay. The Council will safeguard, conserve and enhance the valued qualities, features and attributes of sites protected under European legislation and other important natural landscape, including tranquillity, dark night skies, bathing waters, biodiversity and geodiversity within the Bay, commensurate with their importance. This will ensure that: 1. Sites, species and habitats protected under European, or equivalent, legislation will be protected from development. Development around the edge of the built-up area will be required to protect and manage wildlife and habitats, including corridors between them, in accordance with Policy NC1. Particular attention must be paid to Greater Horseshoe Bat flight paths, and Cirl Buntings. 2. Within the Area of Outstanding Natural Beauty (AONB), the conservation of the landscape and scenic beauty, biodiversity and geodiversity will be given great weight and afforded the highest status of protection. Development will only be permitted in exceptional circumstances where it can be demonstrated to be in the public interest. Planning applications should include an assessment of need for the development, economic impacts, alternative means and locations of provision, the impacts of the proposal on the environment, landscape and recreation, and the extent to which impacts could be moderated; 3. Development proposals outside of the AONB will be supported where they conserve or enhance the distinctive landscape character and biodiversity of Torbay or where the impact of development is commensurate with the landscape and ecological importance. However, it will be particularly important to ensure that development outside the AONB does not have an unacceptable impact on the special landscape qualities of an adjoining or nearby AONB or other valued landscapes such as country parks. In assessing new development outside AONB, the value of natural landscapes will be carefully considered, using the Torbay Landscape Character Assessment and other relevant management plans, to help ensure the objectives for their conservation are met; and 4. The Council will, in considering major planning applications, seek long term land management practices to maintain or restore landscapes, greenspace, dark corridors. and amenity open spaces, integrating biodiversity and green infrastructure objectives including improved public access. If development impacts adversely upon biodiversity, geodiversity or countryside management, developer contributions and mitigation measures will be required to improve management or enhancement of the natural environment with a goal of achieving a net gain in biodiversity.

Green infrastructure

The Local Plan seeks to integrate new development with strategic green infrastructure, and to protect and provide high quality green space at a local level. Developments will be assessed against their ability to deliver high quality green infrastructure or contribute to the enhancement of the green infrastructure network. This assessment will seek to ensure that the following criteria are met, proportionate to the scale of development proposed: a) A green infrastructure-led approach is followed in planning for and design of new development that considers the landscape context and relationship to existing and proposed green infrastructure assets and their functions; b) Multifunctional and connected space with a range of mutually compatible functions is provided where practicable; c) Public open space and public access are considered at an early stage and form a key driver for the layout of development schemes; d) The safety, amenity and use of public open space, access routes and green corridors (including urban wildlife corridors) is considered, and schemes are designed to encourage community integration, civic pride and access for all; e) Where necessary, green infrastructure should be designed to mitigate for loss of foraging habitat and/or linear features used as flyways by Greater Horseshoe Bats where the features lost contribute to the integrity of the South Hams SAC; and f) Maintain existing and contribute to new tree planting and woodland creation. Existing and proposed green infrastructure, including country parks, the strategic footpath network and the South West Coast Path, will be protected and managed to safeguard the asset. Developments will be required to make contributions proportionate to their scale for the protection, management and improvement of green infrastructure. Existing and new Geopark Access Hubs will be supported. New Country Parks are proposed in the following locations: 1. Maidencombe, Torquay 2. Great Parks, Paignton A new Countryside Access and Enhancement Scheme will be delivered at: 3. White Rock, Paignton The Council will work with landowners and the community to secure green infrastructure links between Great Parks, Collaton St Mary and White Rock.

Waste hierarchy

All development should seek to minimise the generation of waste, having regard to the following waste hierarchy: 1. Prevention: Using less material in design, manufacture and re-use. Using less hazardous material and other measures to minimise waste generation. 2. Re-use and recycling: Increase recycling and composting through the kerbside collection regime and ensuring adequat

Babbacombe and St. Marychurch

The area of Babbacombe and St. Marychurch will be conserved and enhanced to maintain and improve its tourism offer, and to augment the role of the district and local centres, whilst protecting its environment. Developments that promote an integrated, sustainable mix of uses that enhance these functions will be supported. Green infrastructure will provide improved access from urban to coastline and countryside areas, as well as opportunities for recreation and local food production. Any proposals that may lead to likely significant effects on sites protected under European legislation will only be permitted where no adverse effect on the integrity of the site can be shown.

Waste hierarchy

All development should seek to minimise the generation of waste, having regard to the following waste hierarchy: 1. Prevention: Using less material in design, manufacture and re-use. Using less hazardous material and other measures to minimise waste generation. 2. Re-use and recycling: Increase recycling and composting through the kerbside collection regime and ensuring adequate existing recycling facilities in Torbay as well as the improvement or development of new facilities where appropriate. Explore opportunities for storage, re-use and collection facilities. Provision of waste audit statements demonstrating accordance with the waste hierarchy for major developments. 3. Recovery: Maximise the recovery of residual waste, through a partnership approach with other Devon Authorities for the use of the site in Plymouth for 'energy from waste recovery'. 4. Disposal: Minimise the amount of residual waste which is disposed of and minimise the exporting of waste for disposal to Devon. Development proposals will be expected to provide a scheme of sustainable waste management, proportionate to the scale and nature of the proposal. As a minimum, all developments should make provision for appropriate storage, recycling, treatment and removal of waste likely to be generated. As a minimum, residential units should provide adequate space within the curtilage for waste and accessible kerbside recycling bins and boxes.

Waste audit for major and significant waste generating developments

Development proposals which are likely to generate significant volumes of waste must include a Waste Audit and Five Year Waste Management Plan setting out how waste generation will be reduced during the construction and operation of the development. This will include provision of appropriate on-site facilities for re-use, recycling (composting where appropriate) and collection of waste. Schemes should include measures to: 1. Prevent and minimise, re-use and recycle waste (including composting where appropriate); 2. Minimise the use of raw materials; 3. Minimise the pollution potential of unavoidable waste; 4. Seek alternative modes of transport (to the use of roads) to move waste; 5. Make provision for the storage and collection of waste. Planning contributions for off-site waste management facilities may also be required; and 6. Dispose of unavoidable waste in an environmentally acceptable manner; The audit should be proportionate to the scale of the proposal, number of visitors and likely waste generation. Proposals for waste disposal must incorporate a satisfactory scheme for the reclamation of the site to an appropriate after-use, progressively wherever possible, and at the earliest possible opportunity, and progressively during site operation where possible.

Existing waste management facilities in Torbay

Existing, allocated or consented waste management sites (for the re-use, recycling and composting, transfer, treatment, recovery or disposal of waste) will be protected unless no longer required or alternative provision can be made. Development proposals that would prevent or prejudice the use of such sites for those purposes will not be permitted unless conflicts can be satisfactorily mitigated. The continued enhancement and improvement of the Torbay Household Waste Recycling Centre (HWRC) and Waste Transfer Station at Yalberton, Paignton will be supported.

Proposals for new waste management facilities

Preference will be given to proposals for waste management facilities that are in accordance with the waste hierarchy and located on previously developed land. Individual sites should be well-related to the transport network (including rail and water), to centres of population and sources of waste, and be compatible with neighbouring land uses. Proposals should not have adverse impacts upon human health, amenity, land stability, flood risk and features of environmental and biodiversity importance. Development of facilities for the management of special types of waste (including clinical or hazardous waste) should serve a defined local need and particular consideration will be given to any health, environmental and amenity impacts. The immediate and wider impact of facilities on the surrounding environment should be minimised through high quality design solutions, with the use of sympathetic materials and colour schemes, and effective methods of landscaping and screening. Specific site management issues should be carefully addressed including amenity, litter, vermin and birds, the impact of odours, lighting, noise, vibration, hours of operation, access and transport movements. Where appropriate, provision for restoration and after use will be required.

Listed buildings

Development proposals should have special regard to the desirability of preserving any listed building and its setting, or any features of special architectural or historic interest which it possesses. Proposals for the alteration or extension of any listed building will not be permitted if the character of the building would be adversely affected. Suitable uses for listed buildings will be supported where this would help to conserve their historic fabric and character. In appropriate cases, planning policies may be applied in a flexible manner to accommodate such uses. Changes of use, demolition or development which damage the fabric or character of a listed building will not be permitted. New development should respect the significance, scale, form, orientation and architectural detailing of any listed building it affects.

Conservation and the historic environment

Development will be required to sustain and enhance those monuments, buildings, areas, walls and other features which make an important contribution to Torbay's built and natural setting and heritage, for their own merits and their wider role in the character and setting of the Bay. This includes all designated and undesignated heritage assets, including scheduled monuments, historic buildings (both nationally listed and of local importance), registered historic parks and gardens, conservation areas, and archaeological remains. All heritage assets will be conserved, proportionate to their importance. In particular approval of a scheme causing substantial harm to, or loss of, a Grade II listed building, park or garden will be exceptional. Substantial harm to or loss of designated assets of the highest significance, notably scheduled monuments, Grade I and II* listed buildings and Grade I and II* registered parks and gardens will be wholly exceptional. Proposals that may affect heritage assets will be assessed on the following criteria: 1. The impact on listed and historic buildings, and their settings; 2. The need to encourage appropriate adaptations and new uses; 3. The need to conserve and enhance the distinctive character and appearance of Torbay's conservation areas, while allowing sympathetic development within them; 4. The importance of protecting and promoting the assessment and evaluation of Torbay's ancient monuments and archaeological remains and their settings, including the interpretation and publication of archaeological investigations; 5. The safeguarding of the character and setting of Torbay's historic parks and gardens; 6. The impact on vistas and views of Torbay's historic features and areas which form part of the visual and tourist appeal of Torbay; 7. Whether the impact of development, alteration or loss is necessary in order to deliver demonstrable public benefits, taking into account the significance of the heritage asset. The more important the heritage asset, the greater the benefits that will be needed to justify approval; and 8. Whether new development contributes to the local character and distinctiveness of the area, particularly through a high quality of design, use of appropriate materials, or removal of deleterious features. Proposals that enhance heritage assets or their setting will be supported, subject to other Local Plan Policies.

Applications for new homes

Proposals for new homes within Strategic Delivery Areas, and elsewhere within the built-up area, will be supported subject to consistency with other Policies in this Plan. Proposals for new homes on unallocated sites, including the renewal of existing permissions, will be assessed on the following criteria, proportionate to the scale of the proposal: 1. The need to provide a range of homes, including family homes, affordable homes, and opportunities for self-build homes, to meet the full objectively assessed needs as far as is consistent with other policies in the NPPF, Local Plan and neighbourhood plans; 2. The maintenance of a rolling 5 year supply of deliverable sites; 3. The opportunity to create mixed, balanced and prosperous communities, including employment provision, with good access to social and environmental infrastructure; 4. The creation of high quality living environments, including the protection of the amenity, recreation opportunities and access to facilities of all residents; 5. The capacity of physical, social and environmental infrastructure, including highways and sewerage, to accommodate development; 6. The objective to maximise the re-use of urban brownfield land and promote urban regeneration, whilst creating prosperous and liveable urban areas; 7. The landscape and biodiversity impacts of the proposal and the objective to achieve a net gain in biodiversity; 8. The objective to reduce the need to travel by car, whilst making appropriate arrangements for vehicle ownership; and 9. Consistency with other Policies in the Local Plan and neighbourhood plans.

Affordable housing

The provision of affordable housing will be sought on greenfield sites of 3 dwellings or more, and brownfield sites of 15 dwellings or more, to meet the housing needs of local people. Affordable housing will be sought on the following sliding scale, up to 30% of dwellings on qualifying sites: Development of Brownfield Sites 3-5 dwellings: Zero - N/A 6-10 dwellings: Zero - N/A 11-14 dwellings: Zero - N/A 15-19 dwellings: 15% - Usually through on-site provision. Commuted payments will only be accepted where this would achieve more effective provision of affordable housing, or bring significant regeneration benefits. 20+ dwellings: 20% - Usually on-site. Commuted sums will only be accepted where this would achieve more effective provision of affordable housing or bring significant regeneration benefits. Development of Greenfield Sites 3-5 dwellings: 10% - Usually through commuted payment. 6-10 dwellings: 15% - Usually through commuted payment. 11-14 dwellings: 20% - Usually through on-site provision. Commuted payments will only be accepted where this would achieve more effective provision of affordable housing, or bring significant regeneration benefits. 15-29 dwellings: 25% - On-site. Commuted sums will only be accepted in exceptional circumstances, where this would achieve more effective provision of affordable housing or bring significant regeneration benefits. 30+ dwellings: 30% On-site. 25% affordable housing and 5% self-build plots in accordance with Policy H3. A site's overall capacity to accommodate dwellings will be taken into account when calculating affordable housing requirement, and artificial sub-division or under-development of sites will be resisted. Provision of affordable housing, or contributions on smaller sites, will be sought on the basis of one third social rented housing, one third affordable rent and one third shared ownership housing. An element of self-build plots will be sought on larger greenfield sites, in accordance with Policy H3. A higher level of shared ownership/key worker housing may be agreed where this would aid economic prosperity, regeneration or promote the creation of mixed communities. Proposals that exceed the minimum affordable housing requirements will be supported subject to other Policies in the Plan, including the need to create mixed and balanced communities and meet local needs. Where developers wish to reduce significantly the level of affordable housing provision, an independent assessment of viability will be required, with the developer underwriting the cost of the viability assessment. The Council may agree to a reduced scale of affordable housing provision on sites where early delivery is possible. Where a contribution is agreed in lieu of on-site provision, it should reflect the cost to the developer of providing on-site affordable housing. In order to secure additional investment in disadvantaged areas of Torbay, the Council may agree to a reduction, or zero provision, of affordable homes on sites in those areas. Development of such sites will be expected to provide significant benefits to the creation of more sustainable, balanced communities as assessed against the criteria in Policy SS11.

Self-build affordable housing and exception sites

To accommodate demand for self-build homes, the provision of at least 5% of dwelling plots for sale to self-builders will be sought as an element of affordable housing provision identified in Policy H2, on sites of 30 dwellings or more. This will be controlled by the following means: 1. The provision of serviced plots in an agreed location will be set out through a s106 Planning Obligation; 2. Where plots have been made available and marketed appropriately for at least 12 months and have not sold, the plot(s) may either remain on the open market as affordable self-build or be offered to the Council or a Housing Association for a further six months, before being disposed of by the developer as open market housing; and 3. Planning permissions should include conditions requiring self-build developments to be completed within 3 years of a self-builder purchasing a plot. In the countryside, the development of sites for affordable self-build housing to meet the needs of the local community will be permitted, as a rural exception, where: (i) There is a proven need for affordable housing from households that have a strong local connection with the local community; (ii) The site adjoins a settlement and does not have a disproportionate impact on local environmental, landscape, or historical assets; (iii) The scale of provision is limited to meeting the identified local need; and (iv) Dwellings are subject to a planning obligation which retains all the dwellings as affordable housing in perpetuity and gives priority to occupation by those with a strong local connection with the local community. Where appropriate, the Council will seek to ensure that self-build homes will be developed in accordance with an agreed design code.

Houses in Multiple Occupation (HMOs)

The conversion of HMOs to self-contained dwellings will be encouraged and supported. Applications for new buildings or sub-division of existing buildings into non-self-contained residential accommodation (HMOs) will only be permitted where the following criteria are met: 1. The property is located within easy reach of public transport and community facilities; 2. An acceptable standard of residential accommodation can be provided; 3. The scale and nature of the use would not harm neighbourhood amenity, for example by way of noise, general disturbance, litter, on-street parking or impact on visual amenity; 4. The proposal would not lead to an over-concentration of similar uses that could exacerbate existing social and economic deprivation or lead to a community becoming imbalanced; 5. The proposal would not adversely affect the character of holiday areas, particularly Core Tourism Investment Areas; 6. Adequate storage facilities can be provided for cycles, waste and recycling collection; and 7. There is supervision by a resident owner or manager, or an appropriate alternative level of supervision. The ongoing management will be secured through condition or s106 Planning Obligations where appropriate.

Sites for travellers

Applications for caravan sites for travelling people, including residential sites for settled occupation, transit sites and temporary stopping places, will be assessed against the following criteria: 1. Sites will be acceptable within the built-up area, provided that their operation is not to the detriment of the visual amenities of adjoining areas, and subject to satisfactory landscaping; 2. Sites should not be to the detriment of the amenities of adjoining areas in respect of noise and other disturbance arising from the movement of vehicles to and from the site, the stationing of vehicles on the site, and any on-site business activities (which should at all times be incidental to the residential use of the site); 3. Sites should be provided with a satisfactory means of vehicular access, together with adequate provision for turning and parking; 4. Sites should be provided with an appropriate level of essential services including access to drinking water, refuse collection and sewage disposal; 5. Sites should be located within reasonable distance of local services and facilities (e.g. shops, schools and hospitals); 6. Temporary stopping places and transit sites may be acceptable on temporary vacant/unused land, subject to the above criteria; and 7. Sites will be acceptable outside the built-up area only if they are well-screened and do not conflict with landscape, nature conservation, countryside and agricultural protection Policies in the Local Plan.

Housing for people in need of care

The Council will support measures to help people live independently in their own homes and to live active lives within the community, subject to other Policies in this Plan. This will be achieved through the following measures: 1. All new dwellings should be capable of adaptation for disabled people, where practical. Housing developments of 50+ dwellings should provide a minimum of 5% new homes to Building Regulations Approved Document Part M4(2) (accessible and adaptable dwellings) standard. Disabled adaptations or annexes for relatives will be supported unless they significantly and demonstrably conflict with other Local Plan Policies. 2. New sheltered housing (within Use Class C3) will be supported where it is within easy reach of community facilities, shops and public transport; 3. New care homes, extensions to existing care homes (Use Class C2) and development of retirement villages will only be approved where: (i) clear evidence of need is provided with the development proposal; (ii) they are accessible to facilities and public transport; (iii) they will not harm the creation or retention of mixed and balanced communities; (iv) they will not add undue pressure on local healthcare or social services; and (v) in the case of existing care homes, this leads to an improvement in the quality of care facilities provided. Proposals involving the loss of existing care accommodation will be supported where the facilities are not needed, or it does not represent the most appropriate way of delivering care. Where such a change of use is agreed, the creation of family homes or employment space will be encouraged. The Council will seek financial contributions via s106 Planning Obligations to meet likely local healthcare and social service costs arising from care facilities and sheltered accommodation, unless applicants are able to show that this contribution would not be appropriate.

Paignton

Paignton will be rejuvenated through high quality mixed use development of key town centre, harbour and waterfront sites. Improvement of the built environment will re-capture the historic character of the old town and appeal of the 19th Century 'Garden Suburb' to the east. Green infrastructure will underpin both recreational and flood-resilience measures. The role of Preston District Centre and seafront will be enhanced for tourism, leisure and retail purposes. Appropriate development will be supported, particularly in the vicinity of Preston Down Road, whilst valued open space and countryside is protected and enhanced. The role of Goodrington as a leisure and employment hub will be promoted and enhanced, whilst protecting the area's environmental assets. Development sites to the west of Paignton will be delivered through neighbourhood planning and masterplanning to provide employment and family housing opportunities. This will be underpinned by enhanced transport infrastructure along the Western Corridor and A385 Totnes Road and will take account of environmental sensitivity through a green infrastructure led design approach. This will help to sustain Paignton's urban function, and in particular Paignton Town Centre as a destination in its own right. Landscaping, biodiversity and flood risk management measures will be needed to minimise the environmental impact of development, particularly cross-boundary impacts. Priority species such as Greater Horseshoe Bats and Cirl Buntings and their habitats will be safeguarded, and any impacts mitigated. Paignton will provide a minimum of 30,100 square metres (net) of employment floor space and around 4,290 new homes over the Plan period.

Paignton North and Western Area

Mixed use developments will be brought forward in identified locations to the north and west of Paignton to provide a range of housing, especially family housing, employment, local recreation and local retail facilities. Policy SDP3 comprises five broad areas, namely Preston Down Road (SDP3.1), Great Parks (SDP3.2), Totnes Road (SDP3.3), Brixham Road (SDP3.4) and White Rock (SDP3.5). These locations should provide a balance of jobs and homes, whilst facilitating the provision of transport and other infrastructure and safeguarding the area's biodiversity and landscape character. Development should be accompanied by upgraded infrastructure, including along the Western Corridor and A385 Totnes Road, and improvements to sewerage capacity. Development in these locations should provide resilience to the effects of climate change, particularly through the provision of green infrastructure, and adhere to planning guidance on Greater Horseshoe Bats within the South Hams SAC, as well as other species such as Cirl Buntings, in accordance with Policy NC1. On and off-site biodiversity offsetting will be required to provide a net gain in biodiversity. Any proposals that may lead to likely significant effects on sites protected under European legislation will only be permitted where no adverse effect on the integrity of the site can be shown. New development should provide space for, and where appropriate contributions to, economic and community infrastructure. Greater Horseshoe Bat mitigation objectives for Great Parks, Collaton St. Mary Future Growth Area, Yalberton Industrial Estate, Claylands and Brixham Road, should be implemented as recommended by the HRA Site Appraisal Report of Torbay Local Plan Strategic Delivery Areas (Proposed Submission Plan) 2014.

Housing

In accordance with Policy SS1, provision will be made for 8,900 new homes over the Plan period or beyond, so long as these can be provided without harm to the economy or environment, including sites protected under European legislation. Housing provision will focus upon a sustainable pattern of distribution throughout the Bay, with an emphasis upon the regeneration of brownfield sites and town centre sites, and development of urban sites. Mixed use developments with an appropriate range of dwellings to meet current and future needs will be sought where appropriate. Provision will be made for affordable housing. Major new housing schemes will be brought forward via partnership between landowners, developers, the community and Council, utilising Neighbourhood Plans, in accordance with the broad numbers set out in Table 3, Policies SDT1 'Torquay', SDP1 'Paignton' and SDB1 'Brixham'. Development within the Brixham Peninsula (Policy SDB1) should have regard to Policy NC1 concerning the need for developer contributions to mitigate the impact of increased recreational pressure on the South Hams SAC. The overall provision of homes will be carefully monitored to ensure that it is provided in a sustainable manner, and maintains a rolling five year supply of deliverable sites in accordance with Policy SS13. Where there is evidence that there is a need to bring forward additional housing beyond the figure above, appropriate locations will be identified through cross-boundary review of strategic housing land availability.

Five year housing land supply

The Council will maintain a rolling 5 year supply of specific deliverable sites sufficient to meet a housing trajectory of 8,900 dwellings over the Plan period 2012-30, including an allowance for windfall sites. The trajectory is: 400 dwellings per year for the period 2012/13 - 2016/17 495 dwellings per year for the period 2017/18 - 2021/22 555 dwellings per year for the period 2022/23 - 2029-30 New housing will be monitored to ensure that it is matched by the provision of infrastructure, particularly that which would support job creation. The 5 year supply of housing land will be updated annually as part of the Council's Housing Land Monitor. Monitoring within the five year period: Sites comprising the Council's 5 year supply will be published annually as part of the Authority Monitoring Report. Housing completions and permissions will be monitored on an annual basis to ensure that a rolling supply of deliverable sites sufficient to meet the five year requirement, and meet any shortfall within five years, is maintained (see Appendix C). Where the supply of specific deliverable sites (plus windfall allowance) falls below this figure, or Neighbourhood Plans do not identify sufficient sites to meet Local Plan requirements in years 6-10 of the housing trajectory, the Council will either: 1. Bring forward additional housing land from later stages of the Plan, working closely with land owners, developers and Neighbourhood Forums; or 2. Identify additional sites through new site allocation development plan documents; or 3. Consider favourably applications for new housing, consistent with Policy SS2, H1 and other Policies of this Plan. New housing leading to the 5 year supply figure being exceeded will be permitted where: i. The proposal would bring social, regeneration or employment benefits, including through the provision or funding of infrastructure; ii. The proposal would not lead to serious infrastructure shortfalls; and iii. The proposal is consistent with other Policies in the Local Plan. Five year review of the Local Plan: The Local Plan will be reviewed on a five year basis from adoption, and the housing trajectory adjusted if assessed by the Council to be necessary to meet objectively assessed needs. Further details of criteria to be considered at the five year review are set out at Section 7.5. An early review of the Local Plan's housing trajectory will be triggered where there is evidence of a potential imbalance between jobs and homes.

Future Growth Areas

Future Growth Areas are located within Strategic Delivery Areas (see Policy SS1) and are shown on the Policies Map. They show broad locations in which the Council, community and landowners will work together, through neighbourhood planning and / or masterplanning, to identify in more detail the sites, scale of growth, infrastructure (including green infrastructure) and delivery mechanisms required to help deliver the Local Plan. Future Growth Areas are proposed in the following locations: 1. Edginswell, Torquay; 2. Paignton North and West Area, including Collaton St. Mary, Paignton; and 3. Brixham Road, Paignton. Development delivered within each of the Future Growth Areas must be integrated with existing communities, reflect the landscape character of the area as informed by Torbay's Landscape Character Assessment (2010), be timed in accordance with provision of essential infrastructure, be informed by ecological surveys and flood risk assessment and should be consistent with the levels of growth set out in Policies SDT1, SDP1 and SDB1, and their related SD Policies. A bespoke Greater Horseshoe Bat (Greater Horseshoe Bats) mitigation plan for all development within the following Strategic Delivery Areas must be submitted and approved before planning permission will be granted: SDP 3.2 Great Parks; SDP 3.3 Totnes Road/Collaton St. Mary; SDP 3.4 Brixham Road/Yalberton; and SDP 3.5 White Rock. The mitigation plans must demonstrate how the site will be developed in order to sustain an adequate area of non-developed land as a functional part of the local foraging area and flyway used by commuting Greater Horseshoe Bats associated with the South Hams Special Area of Conservation (SAC). The mitigation plan must demonstrate that development will have no adverse effect on the SAC alone or in combination with other plans or developments. Development should have regard to Policy NC1 concerning the need for developer contributions to mitigate the impact of increased recreational pressure on the South Hams SAC. Development will deliver the following: (i) Provision of a range of residential schemes that offer a mix of housing types, including family housing and affordable housing; (ii) Creation of a range of employment opportunities, delivered in the early stages of development, designed to meet identified economic growth sectors; (iii) Essential transport and utilities infrastructure, as well as green infrastructure, and appropriate links to other planned facilities; (iv) A suitable range of recreational, leisure and tourism facilities; (v) High quality design standards that embrace sustainable and energy efficient construction techniques; (vi) The creation of a strong sense of community through the effective design and layout of homes and the provision of local facilities, enhancing wherever possible existing communities within the locality; (vii) Appropriate phasing to ensure overall a balanced provision of jobs, homes and infrastructure (including green infrastructure); and (viii) Integrated green infrastructure rich in biodiversity to be enjoyed by local people. All major development outside of the established built-up area should be within the identified Future Growth Areas. Major development outside of these areas will only be permitted where the site has been identified by the relevant Neighbourhood Plan or a subsequent development plan document, and has first been subject to Habitat Regulations Assessment that has concluded there will be no likely significant effect on the South Hams SAC. Such development proposals will need to take account of both the impacts of the proposed development itself and the cumulative impact of development.

Information and communications technology

The introduction and installation of the most up to date and fastest telecom and other Information and Communications Technology (ICT) will be supported by the Local Plan. Applications for ICT developments will be supported where the following criteria are met: 1. The opportunity to accommodate apparatus on an existing mast or structure in preference to new masts or structures has been fully explored; 2. Telecommunication apparatus and associated structures have been sited and designed in order to seek to minimise impact on the visual amenity, townscape, character and appearance of the surrounding area; 3. Development does not have an unacceptable impact, including cumulative impact, on residential amenity, landscape character or wildlife; 4. Existing landscape features have been utilised and/or an appropriate landscaping scheme has been prepared to minimise the impact on the visual amenity, character or appearance of the surrounding area; 5. If on a building, apparatus and associated structures should be sited and designed in order to minimise impact to the external appearance of the host building; and 6. Underground facilities and ducts should be sited and laid to minimise harm to tree roots or areas of archaeological importance. When considering proposals for telecommunications or other ICT equipment, the Council will consider the operational requirements of telecommunications networks. It will be a condition of any approval given that any telecommunication apparatus and associated structures that subsequently become redundant will be permanently removed from the site and that land will be reinstated to its former condition or in accordance with details to be previously agreed with the Council.

Infrastructure, phasing and delivery of development

A range of physical, social and green infrastructure will be sought in order to help Torbay grow in a sustainable, healthy and prosperous way. In order to be permitted, development must be supported by provision of the critical infrastructure required for the development to proceed. Development that does not meet critical infrastructure requirements such as those relating to flooding and highway safety or ecological/environmental improvements to meet Habitats Regulations requirements will not be permitted. Major development will be expected to contribute to the provision of an appropriate range of physical, social and environmental infrastructure, commensurate to the type and scale of development, and the needs of the area. Where necessary, development will be phased to ensure it comes forward at the same time as, or following, the provision of infrastructure. New infrastructure should be provided in the most environmentally friendly way possible, consistent with meeting communities' needs, safety and amenity. Infrastructure should encourage healthier lifestyles and provide recreational opportunities by providing for walking, cycling and other recreational opportunities. Provision of new infrastructure will only be approved where the Council has ascertained that it would not have an adverse effect on the integrity of any sites protected under European legislation. Planning conditions will be used, or s106 Planning Obligations will be sought, to ensure timely provision of physical, social or environmental infrastructure (where not covered by CIL) where required by a development. In seeking developer contributions, regard will be had to: 1. The tests of lawfulness regulating developer contributions; 2. The need to prioritise critical infrastructure, e.g. flood defence works, highway safety works and/or ecological/environmental improvements to meet Habitats Regulations requirements; 3. Evidence of development viability; 4. The impact of the development; 5. Torbay Community Plan themes and objectives; and 6. Availability of other sources of funding including, but not limited to, CIL and ring-fenced government or other moneys.

Waste water disposal

New, enhanced or extended waste water treatment facilities will be supported where such proposals aim to improve the quality of discharged water or reduce the environmental impact of the operation of the waste water treatment facility. Development proposals will be required to demonstrate that the proposal can be delivered and operated without giving rise to unacceptable impacts on water treatment and disposal, or deterioration in the service received by residents and businesses. In considering minor development proposals, the Council will have regard to the in-combination impact of such developments and their effect on local capacity or flows. Proposals for housing developments, particularly in allocations relating to Policies SDT1, SDP1, SDB1 and related Future Growth Areas, will not be permitted if South West Water, Natural England or the Environment Agency confirm that: 1. Waste water treatment works or other sewerage infrastructure serving these developments have insufficient capacity to accommodate the additional development, without increasing the risk of overflows of untreated sewage into the environment; or 2. There would be an increase in the levels of pollutants or spills (see definition below) likely to have an adverse effect on the integrity of the Lyme Bay and Torbay Marine candidate Special Area of Conservation, due to insufficient capacity within the combined sewer system and/or of treatment works; or 3. The proposal would otherwise increase the risk of overflows of untreated sewage into the environment. Appropriate measures to reduce the impact of development on the sewerage system, such as natural or sustainable drainage and water conservation measures, will be required, proportionate to the scale and nature of development. In addition, development of previously developed land must be in accordance with the hierarchy set out in Policy ER2 to ensure that development schemes do not exacerbate sewer flooding and Combined Sewer Outfall (CSO) spills. This will apply in particular, to development that discharges into Hope's Nose CSO in Torquay. A Health Impact Assessment will be required for new or extended waste water treatment facilities.

Maximising the use of secondary and recycled aggregates

The Council will support developments that promote and maximise the use of secondary and recycled aggregates. Sites for the reception, processing and distribution of secondary and recycled aggregates will be supported, subject to meeting other Policy requirements of this Plan, near to the source of raw materials in the following locations: 1. Industrial areas and previously developed land; 2. Within existing, proposed or suitable former minerals developments; and 3. Co-located with existing or proposed waste management facilities. Proposals should satisfy criteria 2 to 9 in Policy M1. Any new development that might constrain the effective operation of existing facilities will be resisted.

Preserving and safeguarding of limestone resources and key local building stone

The Council will seek to safeguard important mineral resources and sites. The use of local building stone in new development and for restoration purposes (particularly of heritage assets) will be encouraged. The redevelopment of buildings constructed in local stone should ensure the re-use or salvage of such material. Any proposal on or in the vicinity of an important mineral resource, including a Mineral Safeguarding Area, should demonstrate that it will not cause unnecessary sterilisation or prejudice the future extraction of important minerals or building stone on these sites.

Brixham Peninsula

Brixham will accommodate appropriate but limited new growth. A range of developments will be sought to sustain a viable retail function, maintain an appropriate range of community facilities and meet local housing and employment needs. Brixham's role as a fishing port and resort, with a nationally important and historic working and creative harbour, will be enhanced. Development will include a new Northern Arm Breakwater and improved water-borne transport facilities to support Brixham's regeneration and prosperity. The historic character, outstanding natural setting, and internationally important biodiversity value of the town and its setting will be safeguarded and enhanced. Brixham is expected to provide sufficient land to enable delivery of at least 2,700 square metres of employment floorspace and 660 new homes over the Plan period. Such development will only be acceptable if it can be accommodated without prejudicing the integrity of the Area of Outstanding Natural Beauty and Special Areas of Conservation, and provided that the interests of priority species, such as the Greater Horseshoe Bat and Cirl Buntings, can be safeguarded. Greater Horseshoe Bat mitigation measures will be required as recommended by the HRA Site Appraisal Report of Torbay Local Plan Strategic Delivery Areas (Proposed Submission Plan) 2014. Mitigation measures for the wider SDB1 strategic delivery area include: 1) protection and management of existing trees; 2) retention of former hedge lines, managed as part of the development; 3) no increase in lighting in bat flyways to greater than 0.5 lux; and 4) reduction of the impact of additional recreational pressure on the SAC.

Growth Strategy for a prosperous Torbay

The Local Plan promotes a step change in Torbay's economic performance. It supports urban regeneration that creates sustainable living, working and leisure environments, supported by high quality infrastructure. This will be achieved within the Bay's built and natural environmental capacity, ensuring the environment continues to be a driver of economic success and that there is investment in the Bay's environmental assets. Development should reinforce Torbay's role as a main urban centre and premier resort. All development should contribute to safeguarding the area's natural and built environment. All development will make full and appropriate use of opportunities for low carbon and renewable energy technologies, consistent with the need to reduce Torbay's carbon footprint, and provide resilience to climate change. The Plan supports the creation of 5,000-5,500 net additional jobs (equating to an average of around 275-300 jobs per annum) and delivery of at least 17 hectares of employment land over the Plan period, with an emphasis on bringing employment space forward as early as possible in the Plan period. The Plan also seeks to identify land for the delivery of an overall average of around 495 homes per annum, equating to about 8,900 new homes over the Plan period of 2012-2030. Existing Commitments In the first 5 years (2012/13-2016/17), the Plan will enable delivery around 2,000 new homes. Most of this growth will come forward on committed sites – with planning permission or allocated - and on urban brownfield sites, including windfall sites. These are shown in Appendix C (Table 25) and will be updated as part of the Council's annual monitoring activity. Identified Sites In years 6-10 of the Plan (2017/18-2021/22), development will come from completion of committed sites and developable sites identified in Neighbourhood Plans. The pool of developable housing sites is included in Appendix C (Table 26) to this Plan. If Neighbourhood Plans do not identify sufficient sites to provide the housing requirements of the Local Plan, the Council will bring forward sites through site allocations development plan documents. If it appears that a shortfall in 5 year supply of deliverable sites is likely to arise, the Council will bring forward additional sites as indicated in Policy SS12. Strategic Delivery Areas Strategic Delivery Areas (SDAs), shown outlined in red on the Key Diagram (see Figure 4, are the focii for delivery of growth and change in the Bay over the Plan period. They provide strategic and sustainable locations for new employment space, homes and infrastructure. Future Growth Areas (see Policy SS2) are located within these SDAs. There will be some initial delivery of development in Future Growth Areas, within the first 10 years, if required to meet demand for new employment space and homes. Development in these areas will be set out in detail via masterplanning, concept plans and/or in neighbourhood plans. They will deliver a balance of jobs, homes and infrastructure, including green infrastructure. Future Growth Areas are shown on the Policies Map. The focus areas for delivery of improvements to AONB, countryside and green infrastructure, as well as sport, leisure and recreation, are also illustrated (outlined in green) in the Key Diagram (see Figure 3). Major development proposals, outside the built-up area and Future Growth Areas, will need to be the subject of environmental assessment. This will need to take account of the impacts of the proposed development itself and the cumulative impact of development. The Plan will be reviewed at regular intervals to ensure that the growth strategy remains sustainable and conforms to the requirements of the NPPF, or subsequent Government policy. Communities will have a greater influence in determining how development in their area will look and feel, specifically through the new framework of neighbourhood plans.

Presumption in favour of sustainable development

When considering development proposals, the Council will take a positive approach in accordance with the presumption in favour of sustainable development contained in the National Planning Policy Framework (NPPF). It will work proactively and in partnership with landowners, applicants and the community to find sustainable solutions, enabling development proposals to be approved where they will evidently provide a balanced approach to improving economic, social and environmental conditions. Planning applications that accord with the policies in this Local Plan (and, where relevant, with policies in Neighbourhood Plans) will be approved, unless material considerations indicate otherwise. Where there are no policies relevant to the application, or relevant policies are out of date at the time of making the decision, the Council will grant permission unless material considerations indicate otherwise, taking into account whether: 1. Any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole; and 2. Specific policies in the NPPF indicate the development should not gain planning permission.

Brixham Town Centre, Harbour and Waterfront

Mixed use regeneration is proposed in the Brixham Town Centre, Harbour and waterfront areas. The objective of this Policy is to provide a range of retail, employment, leisure and residential facilities appropriate to the scale of the town, and to sustain its role as a vibrant maritime resort, to support and develop traditional industries and diversify the economic base. The provision of a Northern Arm Breakwater is proposed to enable the creation of additional employment and leisure opportunities. Any proposals that may lead to likely significant effects on sites protected under European legislation will only be permitted where no adverse effect on the integrity of the site can be shown. Developments within Brixham Town Centre, Harbour and waterfront are set out in Tables 19 and 20 below.

Paignton Town Centre and Seafront

Paignton Town Centre will be regenerated in order to bring about improvements to its economy, built and natural environment. The connectivity from the Town Centre to the seafront, Paignton Harbour and surrounding parks will be restored and improved. New developments will complement the area's historic character, rejuvenating Paignton as a popular tourist destination, a modern Town Centre to support the needs of the local residents and tourists, and a garden suburb with strong family appeal. Development will need to be resilient to the effects of sea level rise and contribute towards the provision of flood defences. Any proposals that may lead to likely significant effects on sites protected under European legislation will only be permitted where no adverse effect on the integrity of the site can be shown. Developments within Paignton Town Centre, Harbour and seafront will comprise a mix of suitable uses including tourism, leisure, retail and residential, to deliver the indicative target areas set out Tables 13 and 14 below.

Town centres

The primary locations for retail and other town centre services and facilities in Torbay will be the town centres of Torquay, Paignton and Brixham, as defined in the Policies Map. The vitality and viability of these town centres will be enhanced through the regeneration of key sites. All future growth in retail and town centre uses should follow a town centre first approach, resisting out-of-town and out-of-centre retailing that would harm the vitality and viability of town centres. The Local Plan supports the following: (i) The delivery of masterplans for Torquay and Paignton Town Centres; (ii) Mixed use regeneration of key sites in town centres as identified in the relevant 'place' Policies (SDT2, SDP2 and SDB2), including the provision of major retail, leisure, cultural, recreational and event space, and the comprehensive redevelopment of parts of the town centres; (iii) Employment and housing provision, within and near to town centres, particularly within peripheral parts of the designated town centre not covered by primary or secondary shopping frontage; (iv) The re-use of under-utilised or outdated floorspace, above existing commercial premises in town, district or local centres, as a source of employment space and housing supply; (v) Mixed use edge of centre developments that help to achieve more balanced communities by delivering a mix of employment, leisure, retail, family housing, healthcare, education and local centre facilities; (vi) 'Meanwhile' uses that deliver more vitality to neighbourhood, local, district and town centres, where these help reduce the number of vacant properties and will support valuable, long term uses; (vii) The use of heritage assets, public art and public space, events, exhibitions and festivals to provide a more enjoyable, creative environment in town centres; and (viii) New or enhanced district, local and neighbourhood centres, that complement town centre facilities, provide a range of goods and services that meet the day-to-day needs of local communities, including the provision of healthcare facilities, local skills training facilities, local employment and local food outlets.

Torbay retail hierarchy

Retail development will be supported within the following centres where it is appropriate to the role, function and scale of those centres, having regard to the shopping hierarchy below. Major developments will be sited in town centres, with smaller developments in district centres, then local centres and neighbourhood centres in sequential order and in relation to local needs and function. The following centres (and, where appropriate, their associated primary shopping areas, primary and secondary frontages) are defined in accordance with the shopping hierarchy specified below and are shown on the Policies Map: Shopping centre hierarchy Torquay area: 1. Town Centres: Torquay; 2. District Centres: The Willows, St Marychurch, Preston; 3. Local Centres: Barton Hill Road Barton, Hele Road Hele, Cadewell Lane Shiphay, Plainmoor, Babbacombe, Old Mill Road Chelston, Walnut Road Chelston, Lucius Street, Belgrave Road, Higher Union Street Torre, Wellswood, Lisburne Square Torwood, Marldon Road, Foxhole, Three Beaches Goodrington, Cherrybrook Square, Churston Broadway, Yannons, White Rock (when completed), St Mary's Square; 4. Neighbourhood Centres: Moor Lane Watcombe, Fore Street Barton, Condor Drive The Willows, Queensway Shiphay, Upton Road Upton, Sherwell Valley Road Chelston, Ellacombe, Roundhill Road Livermead, Edginswell (when completed). Paignton area: 1. Town Centres: Paignton; 2. District Centres: N/A; 3. Local Centres: Preston Down Road, Lower Preston, Sturcombe Avenue Roselands, Great Parks (when completed), Pillar Avenue, Briseham Road, Summercourt Way, Collaton St. Mary (when completed). Brixham area: 1. Town Centres: Brixham.

Retail development

(A) New retail development within town centres will be supported when: 1. It is of a scale appropriate to the nature and size of the centre and will complement its role and character; 2. It sustains the primary shopping role of the centre and positively contributes to improving its vitality and viability; 3. It does not undermine any special cultural or tourism appeal as a result of the loss of key retail, tourism, cultural or other facilities; 4. It enhances the overall attractiveness of the centre for its users through environmental improvements, better pedestrian permeability, improvements to vehicular access and parking arrangements, and other town centre management measures; and 5. It maintains the primary shopping function of primary frontages where appropriate. (B) New retail development within district, local and neighbourhood centres (excluding The Willows) will be supported when: 1. It is of a scale appropriate to the nature and size of the centre and will complement its role and character; and 2. It provides for and sustains a range of services and facilities which contribute to the long-term vitality and viability of the centre and the ability of people to meet their needs locally. (C) New retail development within The Willows District Centre must meet the following criteria: 1. Further retail development at The Willows (other than minor development) will only be permitted where it cannot be located within the three town centres, or the other district centres, and where it meets the tests for new out-of-centre retail developments set out below. (D) New out-of-centre retail development must meet the following criteria: 1. Proposals should not cause any unacceptable impacts either individually or cumulatively on the vitality and viability of existing and planned centres in the catchment area of the proposal, including site proposals in the Local Plan and/or neighbourhood plans. Proposals for Use Class A1 retail comparison or convenience goods over 500 square metres gross, and town centre uses over 500 square metres gross, must provide a retail impact assessment; 2. No other town centre or edge-of-centre site is suitable, available or viable; and 3. Development would improve the spatial distribution of accessible facilities throughout the Bay and help to achieve greater social inclusion. (E) Corner shops, village shops and isolated shops: 1. The introduction of new corner shops, village shops or shops serving isolated communities will be supported in principle, where such provision enhances the sustainability of new or existing communities, and is of an appropriate scale to cater for local needs.

Change of retail use

Proposals for changes of retail use in town, district, local and neighbourhood centres should be of a type and scale appropriate to the role and function of the centre and frontage in which development is proposed. A change of use must not: 1. Undermine the vitality, viability or character of the centre as a whole; 2. Cause unacceptable fragmentation and isolation of retail premises; or 3. Result in the over-dominance of non-retail (Use Class A1) uses within a frontage or centre. Within primary shopping areas and primary frontages, as defined in the Policies Map, premises should be predominantly Use Class A1 'retail', although Use Class A2 'financial and professional services' and Use Class A3 'restaurants and cafes' will be permitted where they support the vitality or retail function of the area. Within secondary frontages, retail, leisure or commercial uses will be permitted where; (i) The overall shopping character is not undermined; and (ii) The proposed use will contribute positively to the centre as the focus of commercial and community life of the town. Residential use will be permitted on upper floors, and on the ground floor of units in peripheral parts of the town centres which are not subject to a primary or secondary frontage designation, so long as these do not undermine the role or vitaility of town centres, for example by creating inactive frontages. Outside these centres, proposals for change of use of corner shops, village shops and other isolated shops will only be permitted where this would not result in the significant loss of facilities serving the day-to-day needs of local communities.

Evening and night time economy

The Council supports, in principle, development that helps create a vibrant, diverse evening and night time economy within the town centres, seafront and harbour areas of the Bay. A development proposal must demonstrate that: 1. It will add vibrancy and a complementary offer to that currently available in the centre or area, attracting people of all ages; 2. It will support the creation of a balanced range of evening and night time uses through provision of new activities and venues; 3. It will not add to the cumulative impact of licensed premises, and those providing late night entertainment and services, in an unacceptable manner; and 4. It would not damage the vitality and viability of the centre, impact on amenity or cause disturbance to nearby and neighbouring uses (including residential properties). Uses or developments that have an impact upon town centre monitoring, maintenance or policing will be required to make appropriate contributions towards the costs of any such monitoring, maintenance or policing arising from the development.

Paignton

Paignton will be rejuvenated through high quality mixed use development of key town centre, harbour and waterfront sites. Improvement of the built environment will re-capture the historic character of the old town and appeal of the 19th Century 'Garden Suburb' to the east. Green infrastructure will underpin both recreational and flood-resilience measures. The role of Preston District Centre and seafront will be enhanced for tourism, leisure and retail purposes. Appropriate development will be supported, particularly in the vicinity of Preston Down Road, whilst valued open space and countryside is protected and enhanced. The role of Goodrington as a leisure and employment hub will be promoted and enhanced, whilst protecting the area's environmental assets.

Torquay Town Centre and Harbour

Torquay Town Centre will develop as the largest retail and leisure centre of the Bay and become the key sub-regional retail and leisure destination. This will help provide an improved, vibrant and more enjoyable shopping and leisure environment with better high street retail, eating and leisure facilities. Furthermore, regeneration of key sites will help strengthen its role as a commercial and social centre for residents and visitors, whilst conserving or enhancing the area's historic character and environmental value. Developments within Torquay Town Centre and Harbour areas should comprise a mix of suitable town centre uses and help to increase substantially the numbers of town centre homes during the Plan period. Any proposals that may lead to likely significant effects on sites protected under European legislation will only be permitted where no adverse effect on the integrity of the site can be shown.

Tourism, events and culture

Torbay's tourism offer will be developed in a sustainable and competitive manner, to enhance its role as a premier tourism destination. Tourist facilities and accommodation will be improved and modernised, and new tourism facilities provided, in order to attract new visitors, particularly overnight visitors, and increase overall spend. Growth sectors, such as sustainable tourism, will be actively encouraged. The Council wishes to see the quality of accommodation improved with a wider range of new and refurbished facilities and services. This will be achieved through the following measures: 1. Supporting in principle the improvement of existing and provision of new tourist accommodation and attractions, subject to other Policies in this Plan. In particular proposals that make positive use of Torbay's marine environment, culture, heritage, biodiversity and Geopark will be encouraged; 2. The retention, improvement and creation of new, high quality tourism and leisure attractions, facilities and accommodation in sustainable, accessible locations with a particular focus on the following Core Tourism Investment Areas (CTIAs), as the main areas for investment in tourism: 1. Babbacombe Downs, Torquay 2. Harbourside, waterfront and Belgrave Road, Torquay 3. Seafront, harbourside and Green Coastal Park, Paignton 4. Goodrington Sands and Clennon Valley, Paignton 5. Harbourside and waterfront, Brixham 3. Providing improved maritime facilities as part of the regeneration of harbourside and waterfront areas; and 4. Resisting the provision of small apartments and houses in multiple occupation (HMOs) in tourism areas and focusing interdepartmental enforcement action on problem uses, such as some HMOs, in tourism areas (see also Policy H4). Any proposal that may lead to likely significant effects on a site protected under European legislation will only be permitted where no adverse effect on the integrity of the site can be shown. Development within the Brixham Peninsula (Policy SDB1) should have regard to Policy NC1 concerning the need for developer contributions to mitigate the impact of increased recreational pressure on the South Hams SAC.

Change of use of tourism accommodation and facilities

Within Core Tourism Investment Areas (as shown on the Policies Map): There is a presumption that the tourism role of premises should be retained and enhanced commensurate with their contribution to the area's tourism offer. The change of use of accommodation or facilities to non-holiday uses will only be permitted where: 1. It lacks an appropriate range of facilities and scope for improvement; and 2. Where it is demonstrated that there is no reasonable prospect of the site being used or redeveloped for tourism or tourism-related purposes. Outside Core Tourism Investment Areas: Facilities and accommodation outside CTIAs that make a major contribution to the tourism offer will be protected, in rural and urban areas. The change of use of holiday accommodation or facilities outside Core Tourism Investment Areas will be permitted where: 1. The holiday character of the area and range of facilities and accommodation offered are not undermined; and 2. One or more of the following apply: the site is of limited significance in terms of its holiday setting, views and relationship with tourism facilities; it can be demonstrated that there is no reasonable prospect of the site being used for tourism or related purposes, or; the redevelopment or change of use will bring regeneration or other benefits that outweigh the loss of holiday accommodation or facilities. Inside and outside Core Tourism Investment Areas: Proposals for small apartments and houses in multiple occupation (HMOs) will not be permitted where they would conflict with the tourism character and offer of the Bay (see also Policy H4). Where a change of use away from tourism is permitted, there will be a requirement to restore buildings or land to their original historic form by the removal of unsightly features, signage, clutter and extensions relating to the holiday accommodation use. Where appropriate there will be a requirement to reinstate amenity space lost through over-development as a holiday use. A high priority will be given to restoring the character and appearance of buildings within conservation areas.

Strategic transport improvements

The Council will support improvements to the strategic transport system that enhance the connections between the three towns, between Torbay and the rest of the sub-region, and between Torbay and national or international markets. The Council will seek to facilitate delivery of these schemes through the safeguarding of land and/or contributions from development. The following improvements are proposed: Highway Network 1. Construction of the South Devon Highway and related junction improvements (opened December 2015). 2. On-line improvements and traffic management schemes in the following locations: (i) Torquay Gateway Corridor, Torquay (ii) Western Corridor, Paignton (iii) A385 Totnes Road, Paignton Walking and Cycling Network 3. Development of the strategic public rights of way and cycling network, including the extension of the National Cycle Route Network, and the maintenance and improvement of the South West Coast Path. Effective integration with public transport services and linking of key residential and employment centres will be encouraged. Rail Network 4. Maintenance and enhancement of the rail network serving the Bay including new or improved passenger and freight rail services to and from the Bay, a new station at Edginswell, Torquay and continued enhancement of existing stations. 5. Minimising the impact of development upon level crossings, and where necessary seeking developer contributions to help fund improvements to level crossings, where these are required as a result of development. Ferry Service 6. Development of a frequent, all-year-round high quality ferry service and necessary land based infrastructure between Torquay and Brixham Harbours and other external ports, including use of water-based transport to deliver goods. Bus and other Public Transport Services 7. Improvements to the bus and public transport networks to service new development and ensure connectivity within and between town centres, district and local centres. Transport Hubs 8. Development of transport hubs in sustainable locations with good links to existing and planned residential areas, town centres and other retail centres, healthcare facilities and radial or orbital routes to increase accessibility, in particular in the following locations: (i) Broomhill Way, Torquay (ii) Gallows Gate, Torquay (iii) Occombe Farm, Paignton (iv) Churston, Brixham

Transport and accessibility

The Council is seeking to develop a sustainable and high quality transportation system which makes sustainable travel the first choice when travelling, thereby meeting the accessibility needs of everyone and promoting Torbay's economic competitiveness, whilst reducing the need to travel and its environmental impact. This will be achieved through: 1. Promoting development in locations that are easily accessible and safely reached by foot, cycle, public transport, other sustainable transport or car; 2. Ensuring that the most sustainable and environmentally acceptable modes of transport are promoted as an integral part of developments, having regard to the following hierarchy of sustainability: (i) walking; (ii) cycling; (iii) public transport; (iv) car sharing; (v) low/ultra low emission vehicles; and (vi) private (high emission) transport. 3. Improving road safety, quality of life and equality of access for all, minimising conflict between road users and prioritising the transport hierarchy. 4. Ensuring that development is designed so that the use of cars is reduced wherever possible and residents have adequate access to employment, retail and community facilities within safe walking and cycling distance and via close proximity to bus stops, served by frequent bus services. Layouts should contribute to a connected network of footpaths, cycle routes and green infrastructure identified in the Torbay Green Infrastructure Delivery Plan. Employment proposals should seek to maximise the opportunities for sustainable transport of freight. 5. Incorporating, in new development, appropriate levels of car and cycle parking (see Policy TA3) that is well-designed, integrates with other public space uses and does not dominate the built environment; 6. Reducing the impact of signage and transport infrastructure within the street scene, to avoid proliferation of unnecessary clutter or harm to the historic features; and 7. Minimising the effect of development upon Air Quality Management Areas (AQMAs).

Development access

All development proposals should make appropriate provision for works and/or contributions to ensure an adequate level of accessibility and safety, and to satisfy the transport needs of the development. Consideration will be given to the hierarchy of sustainable transport and the need to create a connected network of green infrastructure identified in the Torbay Green Infrastructure Delivery Plan. All such works shall seek to maintain or enhance the physical features that contribute to the character of the area. Accessing the highway network: Schemes which require new access to/from the highway network will be supported where they: 1. Provide vehicular and pedestrian access to a safe standard, including a satisfactory standard of visibility; 2. Maintain an acceptable network capacity or provide suitable mitigation for any negative impact on capacity; 3. Contain high quality provision for sustainable modes of transport, proportional to the scale and type of development; 4. Enhance public and/or community transport, cycling and pedestrian infrastructure, proportional to the scale and type of development; 5. Are essential to access the schemes and can demonstrate significant environmental, safety or economic benefits; and 6. Do not impact on the wider network, by causing/adding to congestion for example; and 7. Provide for safe turning/manoeuvring of vehicles within the site, particularly for commercial development. In particular, new access points to the Major Road Network and the District Distributor Road Network (shown on the Policies Map) will not be permitted where there is an impact on road safety, or severe impact (including cumulative effects) on the function and operational efficiency of the Networks. For major developments: A good standard of access for walking, cycling, public and private transport should be provided in major development schemes. This will include measures for emergency service vehicles, waste collection vehicles and public transport vehicles to access the site in a way that would not disrupt the service they provide. Additionally, secure covered bicycle parking and changing facilities (e.g. in commercial developments) should always be included. Consideration must be given to the need to make appropriate provision of facilities for disabled persons, such as suitable levels, signage and parking bays. A Travel Plan is required for all major developments likely to have significant transport implications, setting out how at least 30% of the potential users can gain access by foot, cycle or public transport, and how this will be monitored.

Parking requirements

The Council will require appropriate provision of car, commercial vehicle and cycle parking spaces in all new development. The loss of on-street or public parking provision will be a material consideration in planning applications, with additional weight being given to loss of provision in those areas where there is congestion and/or heavy use of public or on-street spaces. Extensions to, or sub-division of, houses or flats must not result in the net loss of parking provision to below the standards set out below, unless in town centre locations with good travel infrastructure, where alternatives may be considered. Development proposals will be expected to meet the guideline requirements as set out in Appendix F.