Regulation 18 Draft Local Plan 2025 Online Version and Consultation

Strategic Policy WS: Waste spatial strategy Comment

Development should minimise the production of waste and increase its reuse and promote the movement of waste up the Waste Hierarchy.

Waste management facilities that can provide an increase recycling, treatment and reprocessing of waste to ensure sufficient capacity exists for the sustainable management of Torbay's waste will be supported.

Waste management sites should be restored at the earliest opportunity to the highest possible standard to sustainable after-uses that benefit the community economically, socially and environmentally.

Where possible, after-uses should conserve and improve local landscape character and provide opportunities for biodiversity.

Policy W1: Waste hierarchy and sustainable waste management Comment

All development should seek to minimise the generation of waste, having regard to the waste hierarchy^[20]:

1. Prevention: Using less material in design, manufacture and re-use. Using less hazardous material and other measures to minimise waste generation.
    
2. Preparing for Reuse: Checking, cleaning, repairing, refurbishing, whole items or spare parts
    
3. 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.
    
4. 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'.
    
5. 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. Residential units should be provided with adequate space within the curtilage for waste and accessible kerbside recycling bins and boxes as a site acceptability matter. Planning contributions may be required to enable the provision of additional waste management facilities or equipment where these are needed to support development.

Policy W2: Waste reduction and waste audit for major and significant waste generating developments Comment

All new development must be designed in accordance with "circular economy" principles to minimise the production of construction, demolition and excavation waste and manage any such waste arising during the development in accordance with Policy W1 and accord with the Principles of the Circular Economy to:

• retain and repurpose existing structures where possible retain and repurpose existing structures where possible;
   
• allow for ease of redevelopment and refurbishment; and,
   
• maximise sustainable construction methods which include the use of recycled and recyclable materials and techniques which minimise waste and allow for ease of deconstruction and reuse of building components.

Major 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 storage, 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 recyclables and 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 (including operational waste) generation.

Proposals for waste disposal sites 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. Adequate contingency measures should be included to manage any systems failures.

All relevant proposals should be accompanied by a recycling and waste management strategy which considers the above matters and demonstrates the ability to meet local authority waste management targets where applicable.

Strategic Policy W3: Safeguarding waste management facilities Comment

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 at, or within 250m of, waste management sites 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. The use of Yalberton Tor Quarry for Construction, Demolition and Engineering Waste, or other waste management purposes, will be protected.

Policy W4: Proposals for new waste management facilities Comment

Preference will be given to proposals for (non-hazardous) 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.

Waste management development will be supported where they would not have an unacceptable impact (including cumulative impact in combination with other existing or permitted development) upon human health, amenity, (including noise levels, odour, air quality, dust, litter, light pollution and vibration) land stability, the quality and quantity of surface waterbodies, groundwater, capacity of existing drainage systems, hydrogeological ) and flood risk and features of, environmental (including landscape, historic and geological environment) and biodiversity importance. Policies for the protection of these features are set out elsewhere in the Plan.

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.

All proposals for waste management facilities must assess the potential for non-HGV transportation of materials to and from the facilities, principally by rail (or water) and take up these sustainable transport opportunities where available. Proposals should be satisfactory in terms of access where anticipated HGV movements, taking into account cumulative impacts and any mitigation measures proposed (including safety, highway network, air quality). Supporting Transport Statements/Assessments should demonstrate sufficient parking, access, routes, safeguarding of other road users and sustainable transport measures.

Where appropriate, provision for restoration and after use will be required.

Strategic Policy W5: Waste water disposal and infrastructure capacity Comment

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 on new greenfield sites and Future Growth Areas, will not be supported 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 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. Existing facilities (including Brokenbury Quarry) will be protected; new development should not compromise their operational efficiency and environmental impact.

Strategic Policy MS: Sustainable minerals strategy Comment

Mineral development should contribute to the progression towards a low carbon economy, facilitate the processing and use of secondary and recycled aggregates to become less reliant on land-won construction aggregates and include appropriate adaptation to the effects of climate change. Economic mineral resources will be protected for future generations this including building stone minerals for heritage building products, alongside associated or potential mineral transportation and processing infrastructure.

Mineral sites should be restored to a high standard and the natural and historically sensitive features are conserved and enhanced including features of geodiversity / geological interest in the context of the UNESCO Geopark.

Policy M1: Minerals extraction and environmental safeguards Comment

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 National Landscape;
    
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.

Policy M2: Maximising the Use of secondary and recycled aggregates Comment

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.

Policy M3: Preserving and safeguarding of limestone resources and key local building stone Comment

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.