Regulation 18 Draft Local Plan 2025 Online Version and Consultation

Introduction

8.1 A healthy, happy and prosperous Torbay for all is what Torbay Council's Community and Corporate Plan aims to achieve by 2040. Ensuring that our residents and businesses are able to cope with a changing climate is an important part of achieving this vision for Torbay. This is why our Corporate Plan commits the council to continue to tackle the climate emergency for a sustainable future.

8.2 Beyond natural processes, humans have contributed to the release of more and more carbon dioxide emissions (and other greenhouse gases) into the air. This causes global temperatures to rise, resulting in long-term changes to the climate, known as climate change^[1]. This means that our planet is facing huge environmental challenges. Our economy and society are also experiencing the impacts of a changing climate. Devon, may face more river and surface water flooding, coastal flooding and erosion, reduced water availability, temperature change and extreme heat/cold and a range of negative impacts to key infrastructure, services and our wider economy and society (Devon Cornwall and Isles of Scilly Adaptation Strategy).

8.3 To help play our part in reducing carbon dioxide emissions and to prepare Torbay for a changing climate, Torbay Council declared a climate emergency in 2019 and, with partners, will work towards creating a net zero carbon Torbay^[2] by 2050.

8.4 This target is in line with the current UK government's net zero target by 2050. This is incredibly challenging. Success will only be achieved through all organisations, individuals and institutions playing their part. In 2024, The Torbay Climate Partnership approved the Greener Way For Our Bay Framework and Action Plan. This outlines a pathway to a net zero carbon Torbay by 2050 and a set of immediate actions to be carried by a range of partners across Torbay.

8.5 Many actions that help tackle climate change and reduce energy use and carbon emissions will also have a number of other benefits, like helping create warm, healthier homes, free from damp and mould in winter, alleviating fuel poverty^[3] by creating homes that use less energy and have lower energy bills and through renewable energy generation, homes that have their own resilient source of clean energy, with less reliant on imported energy.

8.6 The National Planning Policy Framework 2025 outlines thatthe planning system should support the transition to net zero by 2050 and take full account of all climate impacts. It should also help to shape places in ways that contribute to radical reductions in greenhouse gas emissions.

8.7 The following policy therefore plays a key role in ensuring that new developments make a full contribution towards helping Torbay, and the wider UK, increase resilience to a changing climate and contribute towards the transition to net zero carbon by 2050. It also will help create future developments that are good for the occupants and are warm, healthy, developments that generate their own energy and have lower energy bills. 

Explanation

8.8 The NPPF requires plans to take a proactive approach to mitigating and adapting to climate change (See NPPF 2025 paragraph 162). Plans It should help to: shape places in ways that contribute to radical reductions in greenhouse gas emissions, minimise vulnerability and improve resilience; encourage the reuse of existing resources, including the conversion of existing buildings; and support renewable and low carbon energy and associated infrastructure

8.9 Making sure Torbay is healthy, happy and prosperous for all will require new development to be able to cope with a changing climate and minimise associated economic and social impacts, whilst working towards reducing area-wide carbon emissions.

8.10 This policy brings together all these key elements to ensure development prepares for local climate impacts and supports the transition to net zero carbon by 2050.

8.11 New homes and commercial properties should be designed to adapt to a changing climate. They should be appropriately resilient to the impact of storm events including the effects of driving rain, high winds and surface water flooding and heat events. New buildings will need to also limit their propensity to overheat by optimising orientation, shading and layout.

8.12 The provision of green infrastructure can play an important part in helping to build climate resilience into developments. In the form of landscaped spaces, tree cover, green roofs and walls, all can be used to lessen overheating through shading, reduce storm water run-off, reduce external ambient temperatures and improve biodiversity. Major developments are required to submit a detailed Climate Resilience Assessment covering how the development has been assessed for a changing climate and measures to be introduced to increase climate resilience. As a minimum this must cover a, b, c and f above. The Met Office's Local Authority Climate Service can assist developers understand how the local climate of Torbay will change up to 2100.

8.13 Creating homes and buildings that use little to no energy, use energy efficiently and generate energy from low/renewable energy sources are vital to achieving net zero carbon by 2050. Locally, it will also help to create thermally comfortable homes, reduce cold-home related illness, reduce energy bills and reduce the numbers of homes in fuel poverty.

8.14 Building Regulations have been improved to conserve energy and reduce carbon emissions. The government's Future Homes Standard seeks to deliver homes that are zero carbon ready from 2025^[5]. The government has also set out a new Future Buildings Standard which provides a pathway to deliver new non-domestic buildings that are zero carbon ready from 2025. At the time of writing we are still awaiting the introduction of these new standards. The council will keep the government's progress in achieving these standards under review and, if necessary, implement our own energy efficiency requirements to ensure new development is making reductions in carbon emissions and is beneficial for the future occupants.

8.15 Maximising onsite renewable energy generation through technologies such as solar photovoltaic panels and air, water or ground source heat pumps will cut emissions through provision of low/zero carbon forms of energy generation and help the occupant to have lower electricity bills. Community-led renewable and low carbon energy schemes also have an important role to play in our net zero carbon transition and are encouraged to come forward.

8.16 Water efficiency is about reducing our use of water and the affect our homes and buildings have on water resources. The effects of climate change may increase the pressure on water resources. Torbay already faces hose pipe bans during times of low water availability.  Warmer summers are likely to increase water consumption and reduce available supply.

8.17 Pressure on water supplies can be addressed in part by water efficiency measures to reduce consumption. Improving the efficiency of water use, has the dual benefits of reducing bills and reducing the amount of water flowing into the sewer system, thereby helping to reduce flood risk. Water efficiency measures may include dual flush toilets, low flow bathroom and kitchen fittings, low water consumption appliances, grey water and water recycling systems, water butts and other on-site water retention systems. All development will achieve a water efficiency standard of no more than 110 litres per person per day.

8.18 Development should follow the waste hierarchy and reduce waste, reuse or recycle waste generated on site. Disposal of waste should be the last option.

8.19 The circular economy, which involves sharing, leasing, reusing, repairing, refurbishing and recycling existing materials and products for as long as possible, is important. Developments should choose materials that can be used again and again, reduce waste and the associated manufacturing and transport-related carbon emissions. In accordance with the principles of the circular economy, any infrastructure and development should be underpinned by sustainable waste management, whether it be in relation to construction or ensuring that new homes have appropriate layouts for waste collection services.

8.20 Increased traffic volumes are likely to arise from new developments and if not managed effectively are likely to cause localised pollution and congestion, increase greenhouse gas emissions and reduce the attractiveness of an area for others. New developments must mitigate these traffic impacts. Measures designed to enable people to make sustainable travel choices, such as developments designed for pedestrians with provision of cycle lanes, access to and improved local buses, car clubs, car sharing and electric charging plug-in points can all assist with reducing transport impacts.

8.21 In addition to the submission of an Energy and Climate Change Statement, Major developments will be required to demonstrate they have maximised opportunities for sustainable travel and will make adequate provision to mitigate the likely impacts of traffic through provision of a transport assessment and travel plan. All other developments generating new or additional journeys will be required to submit a transport statement unless there are significant transport implications arising. Particular attention should be had to Local Cycling & Walking Infrastructure Plan containing priority cycle and walking routes, and the bus service improvement plan with network and infrastructure enhancements.

8.22 A Supplementary Planning Document will be developed to provide further guidance.

Explanation

8.23 The Torbay Local Plan is likely to be adopted after the introduction of the Future Homes Standard (FHS) and the Future Building Standard (FBS), but around the same time as its full implementation. These Standards are being introduced by the government to deliver highly efficient homes and buildings which are zero carbon ready, better for the environment and better for the occupants. For occupants, new developments will create warm, healthier homes, free from damp and mould in winter and help alleviate fuel poverty^[7] by creating homes that use less energy and have lower energy bills. Through renewable energy generation, homes will also have their own resilient source of energy and be less reliant on imported energy.

8.24 The FHS should ensure that all new homes built from 2025 produce at least 75% fewer carbon emissions than homes delivered under the Building Regulations Part L (Conservation of fuel and power in buildings) 2013. It is expected to be achieved by higher fabric and energy efficiency standards, as well as heating sources that do not utilise fossil fuels and the installation of solar PV panels.

8.25 The new FBS requirements for non-domestic buildings will also produce significantly fewer carbon emissions and will require heating sources that do not utilise fossil fuels and the installation of solar PV panels.

8.26 This will significantly reduce the regulated^[8] operational emissions for a typical building and make an important contribution to achieving net zero, whilst, for the occupant, increasing thermal comfort and reduce energy bills, fuel poverty and cold-home related illness.

8.27 In accordance with the government's expressed intention to introduce the FHS and FBS in 2025, Policy CER1 seeks to ensure that the level of ambition is achieved. Should the introduction be delayed this policy provides a local back-up to the net zero national ambition. The council will keep the government's progress in achieving these standards under review and, if necessary, implement our own energy efficiency requirements to ensure new development is making reductions in carbon emissions and also playing its role in helping to minimise fuel bills during these challenging times.

8.28 Torbay has limited potential for large-scale renewable energy generation like wind farms and district heat networks. This means that to reach net zero carbon by 2050 all homes need to play a part by generating their own clean energy. Therefore, the Local Plan needs to maximise small scale renewable energy generation wherever possible on new developments. It will also help reduce occupants' energy bills. Therefore, this policy seeks to go beyond FHBS and require new developments to achieve net zero carbon and help create warm, healthier homes that use less energy and have lower energy bills.

8.29 It is expected most buildings will achieve net zero carbon through achieving the Future Homes/Building Standard plus the installation of additional roof mounted solar PV panels, where appropriate, feasible and viable. Net zero refers to having zero regulated carbon dioxide (CO2) emissions associated with a building's annual operational energy consumption. Achieving net zero will require the combination of constructing a highly energy efficient building using a fabric first approach, plus on-site or connection to off-site renewable electricity generation. It will require the annual generation of onsite zero carbon electricity to balance energy consumption from 'regulated' energy. Regulated emissions include CO2 emissions arising from energy use regulated by Part L of the Building regulations (e.g. space heating, domestic hot water, fixed lighting etc).

8.30 The government has yet to publish the final Future Homes Standard m(FHS). In the latest consultation on FHS the government consulted on two options, one with and one without solar PV panels. Should the government introduce FHS and this include some element of onsite renewable energy generation, through solar PV, then this policy builds on this, requiring additional renewable generation where possible. This is to help occupants of new developments have lower energy bills and a secure local supply of clean energy.

8.31 Policy CER1 seeks to facilitate delivery of net zero carbon homes as soon as possible, prioritising fabric improvements which bring thermal comfort and lower energy bills, through for instance, high efficiency glazing and minimal heat loss from walls, ceilings and roofs. Where schemes cannot achieve all the requirements through fabric improvements, 'top-up' solutions are permissible such as Solar PV arrays to generate low carbon electricity, and finally payments to an approved carbon offsetting fund where necessary. Carbon offsetting should be considered only as a 'last resort'. A Torbay fund will be established and administered by the council and will be collected via Section 106 agreements. Funds will be allocated to low carbon projects within Torbay, where additionality is clear, focussing on retrofitting existing housing stock, with a focus on lower income households and community energy projects. The council will prepare the terms for a carbon offsetting fund with external partners and further guidance will be published.

8.32 Local energy networks^[9] can play a role in helping an area to meet its net zero carbon ambitions. They use less energy and emit less carbon emissions by co-producing heat and power which is shared across a network to heat and power buildings. To date, Torbay does not have any large local energy networks. Major development should connect to such networks or communal heating networks where they arise in the future.

8.33 Any large scale residential or non-residential development must demonstrate that consideration has been given to whether it is feasible and viable to develop, or be connected to, a local energy network.

8.34 There is no exact formula for determining if a new development is suitable for the development of a new local energy network. However, major, high-density mixed development proposal with an anticipated high heat demand will lend themselves to such networks, especially if in close proximity to sites with excess waste heat or areas with known natural heat sources such as underground geothermal heat. Given the scale of development likely to come forward across Torbay, a site-specific local energy network assessments is required for development that comes forward within the Torquay Gateway and West Paignton areas (See policies SS1, SDT2, and SDP3).

8.35 All Major, non-domestic, developments are also required to meet BREEAM standards. This is a well-established and measurable means of delivering the policy outcomes above, and to achieve a sustainable development that minimises a range of other environmental impacts.

8.36 Energy and Climate Change Statements are also required for conversions and material change of use applications, where the conversion to a new use, will result in a change in energy status. Change to energy status is defined in regulation 2 (1) of the Building Regulations 2010 or most up to date version. A change to the energy status is when a building was previously exempt from the Building Regulations energy efficiency requirements but now is not. The change to energy status applies to the building as a whole or parts of the building that have been designed or altered to be used separately. For example, when a previously unheated space becomes part of the heated building.

8.37 All development must submit an Energy and Climate Change Statement to the local planning authority for approval and implementation, demonstrating how they fulfil the principles of a –f above. 

Explanation

8.38 Embodied carbon emissions are those typically associated with any processes, materials or products used to construct, maintain, repair, refurbish and repurpose a building and eventual material disposal.

8.39 Embodied carbon from the construction and refurbishment of buildings currently makes up 20% of UK built environment emissions^[10]. As operational emissions from buildings continue to reduce, embodied emissions will make up a greater proportion of a building's total carbon emission. Work carried out for the Royal Institution of Chartered Surveyors suggests that embodied carbon currently makes up between 35% and 51% of a building's total emissions, rising to 70% as operational energy decarbonises^[11]. For this reason, the Local Plan seeks to start to address this increasing issue. Reducing embodied carbon emissions is extremely hard to achieve. This policy aims to introduce consideration of these emissions and actions to reduce them. No target is set through this policy but ensuring embodied carbon emissions are reduced as far as possible through good design and planning, will make a significant difference to reducing embodied carbon emissions and further support the transition to net zero by 2050.

8.40 Developments should:

1. be encouraged to prioritise the renovation or retrofit of existing structures, as part of an efficient use of land, and subject to other local plan considerations
    
2. select highly efficient building design and quality materials and systems which:
   • Have low embodied carbon, including transport emissions;
   • Minimise the need for replacement over the lifetime of the development;
   • Can be reused, recycled and disposed of sustainably at end of life;
      
3. Ensure that materials are reused and recycled whenever possible, and that waste is minimised in design. Ensure that this is designed in from project inception to completion.
    
4. Ensure that new buildings are flexible and adaptable to future uses, reducing the need for future redevelopment.
    
5. All development, including demolition that involve one-for-one replacement of existing dwellings must demonstrate why it is not feasible or viable to refurbish existing dwelling(s). Where it is not feasible or viable a clear plan must be in place to demonstrate that adequate steps have been taken in the design of the new development to reduce embodied carbon and impacts.
    
6. Demolition of historic buildings which are in a state of considerable disrepair will only be acceptable where robust evidence can be provided to the satisfaction of the local planning authority that the building has not suffered from neglect and that the repair and reuse of the building would not be viable or that significant public benefits, including a lower net-carbon solution for the site to outweigh the heritage harm caused, can be delivered.

8.41 Given the impact a major development can have on embodied carbon emissions, they will also be required to include an embodied carbon assessment as part of the Energy and Climate Change Statement. To calculate embodied carbon emissions, a nationally recognised embodied carbon assessment methodology such as RICS and conform to BS EN 15978. All submissions should also demonstrate actions taken to reduce identified embodied carbon emissions. An Embodied Carbon Delivery Checklist will be developed to help all major developments meet this requirement. 

Explanation

8.42 Within Torbay there are 24 conservation areas, 13 scheduled monuments and approximately 865 listed buildings as well as numerous non-designated heritage assets, so it is vital that they play a role in contributing towards Torbay's net zero carbon target by 2050 (and so buildings can become warm, healthy and with lower energy bills).

8.43 To safeguard our heritage assets and to sustain our cultural heritage for future generations, our heritage assets need to be adaptable to, and protected from, the effects of climate change. Historic buildings can also positively contribute towards reducing carbon emissions through sensitive and sympathetic adaptations that secure their retention, repair, retrofit and reuse alongside the conservation of their significance. The embodied energy (the energy used within the materials and construction activities) in historic buildings means that their retention aligns with the ambition to reduce carbon emissions and the priority to conserve heritage assets.

8.44 Sympathetic adaptation that preserves the building is required to improve energy efficiency, reduce emissions, enable renewable energy generation and/or enable the building to adapt to climate change. Adaptation may require alterations to heritage assets or development within their settings. A holistic view should be taken when considering such alterations. This should balance the need to safeguard the future of the asset and its conservation, and where appropriate, enhancement, of its significance.

8.45 Historic England offers information and advice on many related topics including energy efficiency and historic buildings. Historic England Advice Note 18 sets out more detail regarding their requirements for adapting historic buildings for energy and carbon efficiency.

8.46 A Supplementary Planning Document will be developed to provide further guidance.

Explanation

8.47 The NPPF states the planning system should support the transition to net zero by 2050 and should increase the use and supply of renewable and low carbon energy and heat. The UK government's "Clean Power 2030" target aims for a clean power system by 2030, with at least 95% of our power coming from low-carbon sources. The use and supply of renewable and low carbon energy and heat will play a vital contribution towards local and national net zero carbon targets by 2050. By driving forward new low carbon technologies, we can cut the use of fossil fuels for heating our homes.

8.48 Previous studies^[14] carried out show a lack of abundant natural resources to supply clean energy in Torbay. The constrained nature of Torbay and proximity to nationally significant landscapes and marine designation, limits capacity for clean energy generation, through large, stand-alone, wind turbines, solar farms and low carbon heat networks. However, technologies are developing all the time and may give rise to new opportunities such geothermal heat. Therefore, this policy aims to be flexible and support the clean power transition where appropriate for Torbay. The Local Plan also aims to maximise smaller scale clean energy generation like roof top mounted solar. This is covered in more detail in Policies CERS and CER1.

8.49 Major developments are encouraged to include land for larger scheme such as solar PV and wind turbines and be accompanied with some means of longer-term energy storage, to draw-down electricity when required.

8.50 Communities are also encouraged to develop their own low carbon/renewable energy proposals, through neighbourhood plans. The benefits of which can include community ownership, revenue, and local jobs.

8.51 Where renewable and low carbon energy-generating development comes forward, the council will not require applicants to demonstrate the overall need for renewable or low carbon energy. The approach set out in this policy aims to help increase the use and supply of renewable and low carbon energy and heat as it arises.

8.52 Energy networks are vital to making net zero a reality in the UK. In high density urban areas, they are often the lowest cost, low carbon heating options. This is because they offer a communal solution that can provide heat to a range of homes and businesses by capturing or generating heat locally. By driving forward new low carbon technologies like heat networks, we can cut the use of fossil fuels for heating our homes and shield households from oil and gas price rises that are being pushed up by pressures on global energy markets.

The Energy Act 2023 provides the powers for government to implement heat network zoning in England through regulations. These zones will be introduced from 2025. If a zone is highlighted in Torbay this policy will be updated to support the development of the zone. 

Explanation

8.53 This Policy seeks to avoid inappropriate development in areas at risk of flooding, and to direct development away from highest risk locations. Flood events in Torbay and elsewhere have demonstrated the disruption and distress they cause, including potential loss of life and property damage.

8.54 Torbay's topography, climate, proximity to the sea, and the nature of its watercourses and shared sewer systems mean flooding can occur rapidly, leaving little time to respond. It is therefore essential that all new development considers flood risk.

8.55 The South West has already experienced a significant increase in precipitation. The Met Office climate pack for Torbay indicates winter precipitation could rise by between 7% and 23% by the 2030s, increasing the risk of river and surface water flooding.

8.56 Indicative flood risk zones are shown on the Policies Map, but these are not definitive. Applicants must ensure proposals comply with the Local Plan and NPPF requirements, using the latest Torbay Strategic Flood Risk Assessment (SFRA) and Environment Agency data.

8.57 Most of the coastal fringe and land adjacent to watercourses fall within Flood Zones 2 and 3, including parts of Brixham, Paignton Town Centre, Torquay Town Centre, Torre Abbey Meadows, Preston, Goodrington, Occombe and Clennon Valleys, Broadsands, Kings Ash Road, Totnes Road, Churston, and Galmpton. Coastal frontages may also be at risk from wave action even if mapped as Flood Zone 1, this must be recognised. Policy ER7 is also relevant to coastal change management.

8.58 The council's Local Flood Risk Management Strategy sets out key risks, actions taken, and future measures. Its Action Plan will inform the medium-term plan for flood defence funding in liaison with South West Water. It will allow flood risk management actions to be prioritised and for investment plans to be focused and coordinated.

8.59 Tidal flooding risk is greatest during extreme storms, high tides, and easterly winds, which could lead to overtopping or breach of defences. Fluvial flooding (from river and streams) typically occurs when rainfall exceeds watercourse capacity or culverts fail, with Torbay's steep topography amplifying flood severity.

8.60 There is insufficient land within Flood Zone 1, where the probability of flooding is low, to deliver Torbay's Local Housing Need figure.

8.61 A sequential test should be undertaken, in accordance with the National Planning Policy Framework and National Planning Practice Guidance, to steer new development to areas with the lowest risk of flooding, considering all sources of flooding and climate change.

8.62 For all development (including changes of use) in Flood Zones 1, 2 or 3, the council will work with developers to reduce the overall risk of flooding in the area and beyond, through the layout and form of development, including sustainable drainage systems and green infrastructure.

8.63 Reducing the vulnerability of existing basement flats in areas of flood risk will be particularly encouraged. Changes of use of existing basements to 'more' and 'highly' vulnerable uses will not be acceptable. Similarly, the reorientation of existing residential accommodation that would result in self-contained basement dwellings will not be permitted where there would be no safe and unencumbered access to high ground, or higher floors that are above potential flood levels within the building in question.

8.64 It is recognised that the intense pressure on Torbay's finite land supply will mean some development will continue to occur in flood risk areas, and this will help to sustain the vitality of the existing urban area and contribute to the regeneration of the local economy. Additionally, development in the urban area on brownfield sites has significant benefits, including the potential to help mitigate climate change by limiting the need to travel and supporting local energy networks. To deliver the sustainable regeneration of brownfield areas, flood risk will need to be mitigated through SuDS and other nature-based solutions; and managed through design and site layout to ensure the development is appropriately flood resistant and resilient.

8.65 The acceptability of proposals will be determined with regard to the compatibility of land uses in the NPPF and NPPG, and the specific package of mitigation measures being proposed. Developments must be safe over their lifetime and take into account the effects of climate change (see Policy CERS).

8.66 All of Torbay is designated as a Critical Drainage Area (CDA). Therefore, all development requires a basic Flood Risk Assessment. The catchments within Torbay are typically small, steep, and highly developed in nature. There is also a legacy of culverting (piping) of the watercourse channels which adds to the risk of flooding and as such all new development must deliver a reduction in current rainfall run-off rates. This requirement also applies to brownfield sites. To satisfy the above will require additional water sensitive urban design (WSUD) and may involve creation of water storage areas within the site, compared to the normal SuDS design, thereby contributing to a reduction in flooding downstream.

8.67 The government has stated that individuals and businesses that benefit the most from flood defences (for example by lower insurance premiums and averted damage) should pay a greater proportion towards their cost, giving effect to the 'beneficiary pays principle' (DEFRA, 2010). A financial contribution for the maintenance and improvement of flood defence infrastructure will be sought where it protects a proposed development, or makes a development feasible, which otherwise, could not be permitted.

8.68 New development must be designed and constructed to minimise flood risk by the careful layout of uses and activities to ensure flood resilience and resistance. Safe access, escape routes, refuge areas and evacuation plans may need to be provided. Where a development site has different flood risk characteristics (for example where it straddles flood zones), vulnerable uses should be directed to the part of the site with the lowest flood risk. Particular care will need to be taken with proposals to provide new basement accommodation or underground car parking, as these uses are particularly difficult to defend. Development is unlikely to be permitted where there is a danger of inundation of such areas, as this poses a danger to life.

8.69 In accordance with this Policy, a Flood Risk Assessment (FRA) will be requested to support planning application which raise floor risk issues. This should demonstrate how the risk of all forms of flooding has been considered, any mitigation measures proposed, and identify the effects of ‘adding in’ climate change. Impacts both upstream and downstream in the catchment will need to be examined where there is a risk of fluvial flooding or surface water run-off. The detail provided by the FRA should be proportionate to the flood risk posed to and by the proposed development. Details of the measures, proportionate to the scale and nature of the proposal, that will be used to address flood risk will be required when a planning application is submitted. 

Explanation

8.70 The Torbay Sewer Capacity Assessment (SCA) hydraulic modelling suggested that the sewer network will face substantial challenges due to the cumulative impacts of increased sea level rise and rainfall, urban creep and population growth.

8.71 Figure 19 illustrates flooding detriment due to development foul flows, urban creep across the whole catchment and 50% climate change allowance. This assumes a growth rate of 300 dwellings a year, but no mitigation works. For this assessment, the critical level has been taken as 0.5m below the manhole cover. This is the point where water level may impact upon low lying property by causing flooding or restricted sewer use. It should be noted that the results have been generated from a relatively extreme rainfall event and must be viewed as an indicator of modelled performance, rather than of the likelihood of actual sewer flooding occurring.

8.72 The SCA predicts an 11% increase in combined sewer overspills (CSOs) by 2040 due to higher rainfall from climate change, population growth, and urban creep from the existing built areas. Increased CSOs would harm the features of the Lyme Bay and Torbay Marine SAC, reduce Torbay's bathing water quality, and negatively impact tourism-all highly sensitive to water quality changes.

8.73 To avoid impacts on the Marine SAC the risk of increased CSO spills and sewer flooding must be prevented. All development must reduce the amount of rainfall that is discharged into the combined sewer system through adherence to the drainage hierarchy.

8.74 In accordance with advice from SWW, proposals seeking to discharge surface water into combined sewers will be subject to increased scrutiny. Developers must clearly justify why higher-priority disposal methods in the hierarchy cannot be used, to avoid adding stress to the network.

8.75 Brownfield or town centre developments are not always able to meet steps i-iii of the drainage hierarchy and may seek to discharge surface water into the combined sewer system at a controlled rate. Natural England has expressed serious concerns about the effect of combined sewer overflows on the integrity of the marine reefs within the SAC. The cumulative impact of surface water and population increase is likely to result in increased CSOs, which has an adverse effect on the integrity of the Marine SAC.

8.76 Development must demonstrate no likely significant effect (LSE) on the Marine SAC, including cumulative impacts. In order to achieve this, proposals will need to show that they avoid or cancel out the risk of increased run-off, and thereby an increased risk of spills.

8.77 However, where proposals are reliant upon discharge to the combined sewer system, posing a risk of increased spills, it is likely that they will contribute to a LSE on the Marine SAC and will require Appropriate Assessment, including an assessment of 'in combination' effects. In these instances, mitigation measures will be required and the council may require a planning contribution towards strategic sustainable drainage improvements to reduce surface water within the combined sewer system when development disposes of surface water in this way.

8.78 Where adverse impacts on a SAC may occur, there is a need for assessment of mitigation measures under the Habitat Regulations to determine the acceptability of proposals. As a result, development will be required to submit drainage details prior to determination so that the council can assess whether it can reasonably be achieved with no adverse impact on the SAC due to the cumulative impact.

8.79 Minimisation of surface water run off can further be achieved using green infrastructure features which improve the potential for natural absorption of rainwater, such as soakaways, rainwater harvesting and reuse, green roofs, infiltration areas, porous pavements, attenuation wetlands and tree pits. All development should maximise these sustainable water management features. 

Explanation

8.80 This Policy seeks to minimise the effect of development on water bodies, deliver Water Framework Directive objectives and implement mitigation measures set out in the South West River Basin Management Plan.

8.81 Under the Water Framework Directive, development must not cause deterioration in water quality status. The council will ensure compliance, and seek development to bring about improvements to bathing waters and marine habitats through its design and off-site contributions where appropriate.

8.82 Evidence from the Environment Agency and South West Water, alongside a joint position statement from these bodies, supports the need for water resilience measures in all development in Torbay. A water efficiency standard of 110 litres per person per day for new homes is justified and should be calculated using the methodology in Approved Document G of the Building Regulations.

8.83 The design of new developments should incorporate water efficiency and consumption measures, such as rainwater/ or greywater recycling, low flow taps and showers, low flush toilets, rain gardens and water butts in the construction of new buildings.

8.84 Where development poses a significant risk to the water environment, either through the construction process or operation, a Pollution Prevention Plan (PPP) will be required. The PPP must identify how adverse effects on aquatic ecosystems, such as the marine SAC) and socio-economic assets (e.g., bathing waters) will be managed. Physical or chemical modification of water bodies will be resisted where it harms their function or damages habitats.

8.85 Groundwater is an invaluable source of water for public supply, industry, agriculture and rivers but is vulnerable to a range of activities, such as pollution from industrial uses or infilling in the urban area. The council will refuse proposals that pose an unacceptable risk to groundwater and may require measures, such as Sustainable Drainage Systems (SuDS), to minimise or remove the risk. The use of natural SuDS such as swales, soakaways, infiltration basins, filter drains and rain gardens will be the preferred approach.

8.86 The age and capacity of shared sewers, particularly in Paignton, are a major infrastructure constraint. Policy W5 addresses wastewater disposal in more detail. Better use of existing infrastructure and water efficiency will be as important as new sewerage infrastructure in ensuring a sustainable future. Development must provide adequate sewerage infrastructure to cope with increased sewage and surface water, including the impact of extreme weather events. Foul and surface water drainage should be separated to reduce the likelihood of flooding and contamination downstream. Water conservation and reuse measures, such as rainwater harvesting and natural sewage treatment (e.g., reed beds), are encouraged. Development phasing may be required to align with critical water and drainage infrastructure improvements.

Explanation

8.87 At the top of the drainage hierarchy is infiltration to Sustainable Drainage Systems (SuDS). SUDS mimic nature and are designed to take account of water quantity (flooding), water quality (pollution) and amenity issues. They are more sustainable than traditional drainage methods because they:

• Reduce flooding by managing runoff volumes and flow rates from hard surfaces

• Protect or enhance water quality

• Protect natural flow regimes in watercourses

• Are sympathetic to the environment and the needs of the local community creating a better place to live and work

• Provide a natural habitat for wildlife

• Promote evapotranspiration from vegetation and surface water

• Recharge groundwater and natural aquifers

8.88 Water Sensitive Urban Design (WSUD) integrates water cycle management with the built environment through the use of Sustainable drainage systems (SuDS) and making space for water. In towns and cities, space for water can be created in areas that are not traditionally ‘designed’ to flood. Blue corridors can be created in existing urban areas to channel run off through a development. 

Explanation

8.89 Prioritising brownfield sites will often mean that contaminated land needs to be reused. Whilst contamination is not generally a significant issue in Torbay, there are several important sites where previous or current land uses suggest a remediation strategy will need to be agreed with the council before development commences.

8.90 Whilst contamination needs to be removed and sites rendered safe, some such sites are often very sustainably located for brownfield regeneration, and the council will seek to support their regeneration, including through the flexible use of developer contributions, where this meets the legal tests.

8.91 The council has prepared a Contaminated Land Strategy in accordance with the Environmental Protection Act 1990 – Part IIA.

8.92 The council will request appropriate site investigations and reports to be undertaken to assess the ground conditions and to identify the remedial, preventative and precautionary measures that will be required. The examination of any development site may need to consider surrounding land and activities, including any pathways through which a pollutant could potentially transfer. The sensitivity of the proposed end use is especially relevant, particularly where residential development is proposed with gardens; sites with a history of contamination could present risks from growing vegetables or dermal contact with soils. The degree of exposure, in terms of the time users of a development spend staying in an area, will be taken into account. Site investigation reports and recommendations for remedial, preventative or precautionary measures must be submitted with major planning applications. 

8.93 Ground stability is an issue in the immediate coastal area and inland due to the natural movement of the ground and underlying strata or bedrock. The impacts of climate change can also result in ground stability issues. Where land stability has been identified as a concern or is suspected, developers will be expected to undertake a geotechnical investigation in accordance with the council’s requirements. Conditions will be attached to planning permissions to ensure necessary procedures are followed. See also Policies ER7 ‘Coastal change management areas’ and Policy GE1 ‘Geodiversity’. 

Explanation

Explanation

8.94 The NPPF requires plans to reduce the risk of coastal change by avoiding inappropriate development in vulnerable areas and identifying Coastal Change Management Areas (CCMAs). CCMAs are not necessary where the Shoreline Management Plan policy is to 'hold the line' and can be maintained over the plan's lifetime. Generally, the centres of main coastal settlements are defended.

8.95 *In the context of CCMAs, essential infrastructure is defined as:

1. essential transport infrastructure (including mass evacuation routes) which has to cross the area at risk;
2. essential utility infrastructure which must be located in a flood risk area for operational reasons, including electricity generating power stations and grid and primary substations; and water treatment works that need to remain operational in times of flood; and
3. wind turbines.