Regulation 18 Draft Local Plan 2025 Online Version and Consultation

Other elements in this consultation

Regulation 18 Draft Local Plan 2025
Ends on 26 January 2026 (54 days remaining)
Prioritises meeting housing needs through brownfield regeneration, town centre renewal, and an accommodation repurposing programme ( hotels to homes), aiming to deliver 1000 dwellings.
Development focuses on sustainable urban areas, balancing heritage and environmental concerns.
Major sites of 10 or more dwellings or 1000 square metres are allocated, with an expected 120 homes annually from smaller windfall sites.
Key regeneration of Town Centres, waterfronts and public spaces
Future growth areas continue West of Paignton, affordable housing is a priority, with policies supporting specialist accommodation.
The plan emphasises effective land use, sustainable transport, and high quality design.
Figure 10 - Housing and Regeneration

3.1 The Local Plan deals with much more than housing. However, meeting objectively assessed housing needs is an important test of soundness for the Local Plan. Torbay's substantial environmental, infrastructure and market-capacity constraints mean that it is not able to accommodate its full Local Housing Need (LHN) as calculated by the December 2024 Standard Method (which at Autumn 2025 is 950 dwellings a year). The council has applied the Presumption in Favour of Sustainable Development (at paragraph 11(a-b) of the framework). It has sought to identify the best development strategy it is able to within the environmental, infrastructural and viability constraints it faces. It accepts that the proposed shortfall against LHN will require robust justification, which will be set out in a supporting Topic Paper.

Strategic Policy HS: Overall Housing Strategy and Presumption in favour of Urban Regeneration Comment View map of urban densification areas (Torre Gateway Corridor and Preston Brownfield Cluster)

The Local Plan proposes to deliver at least 400 dwellings a year, equal to 8,000 dwellings over the period 2025-2045.

The council will apply a presumption in favour of sustainable development to previously developed land within the built up-area, subject to maintaining a strong economy, protecting the natural environment, securing good design and ensuring decent living environments. Proposals that achieve urban regeneration and boost the supply of housing on previously developed land in the built-up area will be approved unless approval would cause substantial harm.

Regeneration areas are proposed for Torquay, Paignton and Brixham Town Centres and are shown on the policies map. The council will work proactively and in partnership with landowners, applicants, and the community to find sustainable solutions to enable development.

The change of use or redevelopment of former hotels to housing will be supported subject to tourism and historic environment considerations. Where the retention of a building is required, the council will support the principle of residential use outside of Core Tourism Investment Areas.

Redevelopment opportunities in the Torre Gateway and Preston brownfield clusters will be supported subject to other policies in this plan and retention or improvement of employment opportunities. Proposals should contribute to the improvement of active travel and public transport links.

Major greenfield development outside of the built-up area or Future Growth Areas will be resisted, unless brought forward though a Neighbourhood Plan or area allocation development plan document, or meets the requirements of the Affordable Housing Exceptions Sites Policy H8.

All development should achieve the following:

  1. A high quality of urban design and create good quality living accommodation,
     
  2. Mixed and balanced communities including the avoidance of concentrations of deprivation.
     
  3. The provision of affordable housing on major developments in accordance with Policy H7.
     
  4. Resilience to extreme weather events and incorporation of sustainable drainage and climate resilience measures.

Proposals should maximise the use of land, consistent with protection of the natural, built, and historic environment and the creation of high-quality living environments.

Community and Corporate Plan – Improving the delivery, affordability and quality of housing

Explanation

3.2 Table 2 below sets out Torbay's broad sources of housing land. The Plan proactively supports brownfield regeneration. By a "freestanding presumption" it is meant that the presumption tests similar to that currently in Paragraph 11 of the NPPF will be applied it urban brownfield development independently of five-year supply or Housing Delivery Test penalty considerations. Accordingly, proposals that provide housing on previously developed land in the built-up area will be approved unless:

  1. Harm to Habitats sites irreplaceable habitats SSSIs, National Landscape, designated heritage assets (and archaeological assets of equal value), or flooding and coastal change matters provide a strong reason for refusal. Or

  2. Adverse effects of granting planning permission would significantly and demonstrably outweigh the benefits when weighed against the development plan, read as a whole, and other material considerations. This will take into account policies for directing development to sustainable locations, making effective use of land, securing well-designed places and providing affordable homes. Given Torbay's difficult economic circumstances, special regard will also be had to the economic impact of proposals.

3.3 "Strong" reason will be taken to mean that the proposal would cause substantial harm.

3.4 This approach is consistent with the importance of making effective use of land and concentrating development in the built-up area close to existing facilities and sustainable transport.

3.5 The council has ambitious town centre regeneration visions and an "accommodation repurposing programme" (also loosely referred to as its "hotels to homes" scheme). These are pivotal to meeting the Local Plan's housing target and will be a key way of boosting affordable housing delivery in the built-up area. Longer term delivery will need to be kept under review, and the Plan assumes that 1,000 dwellings will be delivered on major sites (10+ dwellings) over the Plan period through its accommodation repurposing programme.

3.6 It is acknowledged that much of the urban area contains constraints such as flood risk and other infrastructure issues. In addition, a significant part of the built-up area, including the three town centres, are designated conservation areas. Nevertheless, the Plan's key focus is to develop in these locations due to their wider sustainability benefits. Any heritage impacts of increasing densities and taller buildings in highly sustainable town centres will need to be minimised through high quality design. However, the benefits of development in highly sustainable urban locations and the likely environmental harm of building on less well-located greenfield sites will be balanced against heritage impact.

3.7 Policy H1 outlines town centre regeneration areas. The Local Plan identifies opportunities to make better use of the built-up area around the Newton Road to Torre Gateway (see also Policy SDT3) and Preston District Centre in Paignton (see Policy SDP3). These are sustainable urban locations where there are opportunities for urban densification and to make better use of underused land, subject to protecting employment opportunities. These areas are served by public transport, and within moderate walking distance of train stations. There is therefore scope to relax minimum parking requirements, so long as improvements to public transport, walking and cycling opportunities are achieved.

3.8 Policy H2 identifies existing and expanded Future Growth Areas. The West of Paignton was the main area of urban expansion in the previous Local Plan 2012-30, and it is proposed to continue this strategic approach. More detail about the policy requirements from these areas is set out in the area "Strategic Development" policies in Chapter 2 of the Plan. Broadly speaking, where clusters of development sites are likely to provide more than about 200 dwellings they have been treated as Future Growth Areas.

3.9 The Local Plan allocates major sites (that is developments of 10 or more dwellings or 1,000 sq. m). Policy H3 contains site allocations for major but less strategic housing proposals outside the town centre regeneration clusters and Future Growth Areas. It is acknowledged that this is not a comprehensive list, and windfall sites will arise over the Plan period.

Windfall sites

3.10 The Local Plan allocates sites for "major development" i.e. those likely to deliver 10 or more homes or 1,000 sq. m floorspace. About 120 homes arise each year from sites of fewer than 10 dwellings. It is not practical to allocate these on the policies map – other than to set out a supportive policy for achieving them.

3.11 Between 2012-24, the average annual number of completions from non-major sites (1-9 dwellings) was as follows:

  • Torquay 65 (53.7%)

  • Paignton 42 (34.7%)

  • Brixham (Peninsula) 14 (11.6%)

  • Total average annual homes on non-major sites: 121

3.12 Based on historic rates of delivery, the Plan expects 120 homes a year to arise on non-major sites. Neighbourhood Plans are welcome to allocate non-major sites, but caution will be needed to ensure that these are not double counted with the Plan's windfall allowance.

3.13 Note also that the General Permitted Development Order defines major development as 10 dwellings or 1,000 sq. m. So, a development of fewer than 10 dwellings that is more than 1000 sq. gross internal floor area is still liable for affordable housing under policy H7

3.14 It is likely that larger windfalls of more than 10 dwellings will come forward during the Plan period. It is impossible to Plan for such events, nor can the plan rely on this to boost numbers. Where these sites are on previously developed land in the built-up area, Policies HS and H1 provide support in principle. Torbay does not have significant rural brownfield sites other than holiday parks. Policies TO5 and TO6 deal with planning considerations affecting holiday parks. Some holiday parks are located in the National Landscape and close to Berry Head SAC, and if these fall out of holiday use, they should be restored to nature.

3.15 Proposals on unallocated greenfield sites outside of the built-up area (i.e. in the Countryside Area) are likely to be in conflict with the Local Plan's strategy and therefore will not be supported unless some other material consideration indicates otherwise. One such exception may be for affordable housing on rural exception sites, which is dealt with by Policy H8.

3.16 Torbay has a pressing need for affordable housing, and Policy H7 sets out a strategic policy for it. The need for other types of specialist accommodation are covered in policies H9-H13.

Table 2 Potential Broad Sources of Housing

Policy

Potential Local Plan Broad Sources of Housing.

Total (20-year plan)

Per annum (20-year plan)

H1

Torquay Town Centre Regeneration

600

H1

Paignton Town Centre Regeneration

260

H1

Brixham Town Centre Regeneration

50

HS

Hotels to homes and other brownfield regeneration.

1,000

HS

Torre Gateway Corridor (The Willows District Centre to Torre Station)

300

HS

Preston Brownfield Cluster (within environs of the District Centre)

200

H2

Future Growth Areas

1,800

H3

Other allocated sites of 10+ dwellings

2,360

NA

Windfalls (all non-major sites) at 120 dwellings a year

2,400

Total

8,970

448

10% non-completion

8,073

403

Strategic Policy H1: Town Centre Regeneration Areas Comment View map for Housing Allocations under H1/H2/H3

Proposals that regenerate town centre areas and adjoining areas, whilst enhancing the living environment and providing a high quality environment and resilience to climate change will be supported.

Proposals should promote good design that conserve or enhance the character of the built and historic environment, taking into account the need to support urban brownfield development and regeneration. Tall buildings and urban densification in town centres will be supported unless adverse impacts constitute a strong reason to resist development.

Town centres are proposed for regeneration or remodelling to provide mixed use developments including residential accommodation, including an indicative level of new housing provision. Detailed proposals will be developed through master planning of the areas, as part of mixed-use developments. They are expected to provide at least the following number of dwellings on major sites over the Plan period.

  • Torquay 600 dwellings
  • Paignton 260 dwellings
  • Brixham 50 dwellings

Community and Corporate Plan – Pride in Place

Explanation

3.17 In line with the Local Plan's driving strategy of maximising the use of previously developed land, Policy H1 sets out a presumption in favour of urban regeneration of brownfield sites. Table 3 below sets out broad number of homes that they could deliver. This should not be taken as maximums if schemes come forward that would exceed this number.

Table 3 Town Centre Regeneration Areas

Area

Sites (for information)

Yield (Numbers are approximate and subject to further assessment)

Torquay

H1T1 Castle Circus Area

Town Hall Car Park* 21T032a

Magistrates Court 21T070

Municipal Chambers* 21T035

Castle Circus House & adj. Buildings 21T140

50

H1T2 Union Street, Union Square, Lower Union Lane,

21T075 Union Square

21T146 Land rear of Castle Circus House*

21T141 Former New Look Store

200

H1T3 Temperance Street, and Market Street, Pimlico

21T037 Former Blockbuster/ Morrisons

TCRT09 3-9 Pimlico*

TCRT010 Pimlico*

21T123 Telephone Exchange Lower Union Lane*

21T034 Land rear of Market Street (former Auction Rooms)

150

H1T4 Abbey Road, Rock Road, Roebuck House

21T038 Roebuck House*

TCRT013 Adj. Abbey Hall (former Laundry Site)

100

H1T5 Fleet Street, Torquay Harbour: Living Coasts, Strand, and Marina Car Park

21T161 30-34 The Terrace*

24T008 48-50 The Terrace

21T081 Strand

21T139 The Marina Car Park (adj. The Pavilion)

TCRT018 Living Coasts

21T093 The Imperial Hotel*

21T047 Fleet Walk Shopping Centre (upper floors).

100

Torquay Town Centre Sub Total

600

Paignton

H1P1 Paignton Harbour

22P003 Paignton Harbour

30

H1P2 Crossways and adjacent land

21P025 Crossways

120

H1P3 Victoria Square

21P027 Victoria Square

24P005 12-14 Victoria Street

70

H1P4 Station Lane and Station Square

TCRP04 Station Lane,

TCRP05 Station Square

Car Park, Station Square.

40

Paignton Sub Total

260

H1B1 Brixham

21B006 Town Centre Car Park Middle Street and town centre

50

3.18 Note that the town centre areas are promoted for wider regeneration, and that a range of sites may come forward for development. Further details are set out in the "Strategic Development" policies for the town centres. The Local Plan proposes a "Presumption in Favour of Regeneration" which supports brownfield urban development subject to other plan considerations. The above sites have been identified as being within the regeneration clusters. More detailed assessments will come through master planning or neighbourhood plans. Some of these sites will be mixed use developments including ground floor commercial use where viable. Some of the sites are within conservation areas or other designated heritage assets. Good quality design will be required to conserve or enhance these; however the need to deliver homes in highly sustainable town centre locations carries significant weight in the planning balance.

3.19 It will be important that developments are safe for their lifetime from the effects of climate change, and particularly flooding. It will simply not be possible to meet Torbay's housing need without some development in areas of flood risk. However, development should avoid sleeping accommodation on ground or basement floors in flood vulnerable areas and provide safe escape routes and resilience measures.

3.20 Within town centres a minimum level of car parking will be required (see policy TA4) subject to appropriate investment into walking, cycling and public transport facilities. All development, and particularly new homes should provide secure, covered and fire-safe parking for electric cycles with charging facilities where possible.

Strategic Policy H2: Future Growth Areas Comment View map to Future Growth Areas

Future Growth Areas are allocated for strategic development within Torbay. They show broad locations in which the council, community and landowners will work together to identify in more detail the layout, design, detailed balance of uses, detailed infrastructure (including green infrastructure) and delivery mechanisms required to develop the areas. More detailed requirements for Future Growth Areas will be brought forward through updated Masterplans.

The following sites are allocated for development:

Policy SS1.1 Area:

  • H2T.1 Torquay Gateway, Edginswell: 350 dwellings

Policy SS1.2 Area:

  • H2P.2 Great Parks Paignton: 160 dwellings
  • H2P.3 Collaton St Mary Paignton: 600 dwellings
  • H2P.4 Long Road, White Rock and Inglewood, Paignton (and BCG Villages) 700 dwellings

Community and Corporate Plan – Pride in Place

Explanation

3.21 Future Growth Areas are locations where more than circa 200 additional dwellings can be achieved as part of mixed-use developments. They are shown as site allocations on the Policies Map. Updated masterplans will be prepared showing how they can be delivered as mixed use areas that make provision for a range of uses including employment, housing. They should provide opportunities for sustainable transport and environmental protection, including biodiversity net gain.

3.22 Torquay Gateway (Edginswell) is allocated in the Torbay Local Plan 2012-30 but the number has been reduced to reflect viability constraints. The 2016 Masterplan will be updated to set out how the site can be delivered.

3.23 Great Parks Phase 1 was built in the 1990s, with some more recent completions of the second phase of development. The second phase has remained undeveloped for several decades due to infrastructure issues. The creation of a second access road to serve the Lidl store (opened in 2025) will help unlock the later phases of development to the north of the area. A non-statutory masterplan (2013) was endorsed by Policy PNP21 of the Paignton Neighbourhood Plan, but will be updated.

3.24 Collaton St Mary: The bulk of Collaton St Mary is allocated for development in the Torbay Local Plan 2012-30 and the subject of a Masterplan SPD adopted in 2016. The draft Local Plan proposes to extend these areas. An updated masterplan will be needed to deal with access issues, and making the development accessible for active travel and public transport.

3.25 Long Road/White Rock: The Long Road/White Rock area is allocated in the Torbay Local Plan 2012-30 and is mainly built. However, there are further opportunities for development of homes and employment. It will be important to preserve the environmental and historic character of Yalberton Valley and hamlets of Higher and Lower Yalberton.

3.26 The south of this area falls within the Broadsands, Churston, Galmpton Village Forum Neighbourhood Plan area (See Policy SDBCG2). It will be important to maintain a settlement and visual gap between the built-up area and the more rural settlements to the south, which sit within the setting of the South Devon National Landscape.

Table 4 Future Growth Areas

Ref.

Site

Approx. Number of dwellings

Future Growth Areas: The following broad locations are proposed for development. Parts of the areas are allocated under the Torbay Local Plan 2012-30. These allocations are retained and expanded. The number quoted is the total proposed allocation for the area (unbuilt at 2025)

H2T.1

Torquay Gateway, Edginswell, Torquay

350

21T122 Number reduced from previous Local Plan to reflect deliverability.

H2P.2

Great Parks Phase 2

160

21P014 North of Luscombe Lane, Great Parks

21P068 Great Parks Phase 2 (Allocation H1.12)

21P081 Former Local Centre

21P051 Hilltop Nursery

(Number additional to completions at 2025).

H2P.3

Collaton St Mary, Paignton (Extension

600

21P042 Land adj. Bona Vista Holiday Pk, Totnes Rd

21P043a Land adj. Beechdown Farm Bungalow, Totnes Rd (extended site)

21P041 Plot 1 & 2, Totnes Road

21P077 Western half of Taylor Wimpey Site, North of Totnes Rd

21P010 Land North of Totnes Road (Bloor now Cavanna Homes)

21P080 Torbay Holiday Motel, Totnes Rd, Collaton St Mary

21P015* South of Totnes Rd, Collaton St Mary

21P008* Land to the North of Totnes Road (Taylor Wimpey)

21P078* Land North of Totnes Road

H2P.4

Long Road, Yalberton, White Rock and Inglewood (Extension)

700

Around 200 dwellings in addition to allocation in the Torbay Local Plan 2012-2030.

21P012 Lower Yalberton Holiday Park

22P001 Yalberton Holiday Park/Berry Acres 'Link'

21P067 Land North of Lower Yalberton Holiday Park, Long Road

21P001* Land off Brixham Rd (Devonshire Park)

21P053 R/o Local Centre

21P079 Limekiln Close

21B002 Inglewood (under construction- within BCG Villages).

24BCG001 Inglewood pub-restaurant site.

Strategic Policy H3: Other Local Plan allocated sites Comment View map for Housing Allocations under H1/H2/H3

The following sites are allocated for housing. All proposals for housing, including those affecting the existing housing stock, will contribute to creating sustainable, inclusive and mixed communities. This will be achieved by providing an appropriate mix of decent, good quality homes, which provide for affordable housing as set out in Policy H7.

Sites should be developed at the highest density appropriate to their location and consistent with good design. Proposals that do not make optimal use of land will be resisted.

Table 5 Proposed Housing Sites

The following sites are proposed for housing development:

Ref.

Site

Anticipated number

Notes

Torquay

H3T.1

Maidencombe North of Sladnor park and around Jon Glanvill Autos

150

HELAA Sites T21065, 21T126, 21T111, 21T158, 21T143

H3T.2

Sladnor Park, Maidencombe. Due to High Court decision the principle of development has been established, see application P/2020/0315*

120

21T064

H3T.3

Brunel Manor, conversion of buildings and additional site to the north

45

Conversion of Brunel Manor 21T148. Land to the north 23T007

H3T.4

Great Hill

130

21T154, 21T155 and 25T001 land to the west between Great Hill Road and Claddon Lane (Cherry Blossom Farm) .

H3T.5

Land at Kingskerswell Road and r/o Barton Hill Road

10

21T056

H3T.6

Holiday Parks, North of The Willows

250

21T016,21T017, 21T018 Existing allocation. Need to retain and enhance tree cover.

H3T.7

Land adjacent and south of Watcombe Hall

10

24T012

H3T.8

Babbacombe Business Park, Babbacombe Rd, Torquay

12

21T072

H3T.9

Land North of Bottompark Lane, Barton Hill Road.

20

21T145

H3T.10

Former Tennis Courts, Palace Hotel

38

21T006 Under construction

H3T.11

Grand Hotel Garage Block

10

21T138

H3T.12

Land adjacent to Broadley Drive, Livermead, Torquay

50

21T050

H3T.13

Grounds of Rowcroft, Avenue Road

40

24/T009– assisted living units

H3T.14

Maycliffe Hotel, St Lukes Road South

10

24/T002

H3T.15

Meadfoot Beach Car Park

10

24/T001

H3T.16

Site 1 Higher Cadewell Lane

18

21T021

H3T.17

Site 2 Higher Cadewell Lane

12

21T020

H3T.18

Hatchcombe Lane, Scotts Bridge/Barton

50

21T129

H3T.19

Westhill Garage, Chatto Road

15

21T131

H3T.20

Seabury Hotel, 11 Manor Road, Torquay

12

21T080

H3T.21

Quintaville, Junction of Reddenhill Road

10

21T023

H3T.22

Stoodley Knowle, Ansteys Cove Road, Torquay

80

21T085(not including built units)

H3T.23

R/O Edinburgh Villas, McKay Avenue, Torre Marine (Specialist housing)

75

21T095

H3T.24

Shelley Court Hotel, 29 Croft Road, Torquay

20

21T003

H3T.25

Brampton Court Hotel, St Lukes, Road South

14

22T003

H3T.26

Conway Court, Warren Road

14

21T060

H3T.27

Shedden Hall Hotel Site, Shedden Hill

30

21T124

H3T.28

Bancourt Hotel, Avenue Road

30

21T054

H3T.29

Hollicombe (former gas works)

50

21T015

H3T.30

Coppice Hotel

20

H3T.31

Hotel Virginia, Falkland Road

15

H3T.32

Chelston Telephone Exchange Goshen Road

20

24/T005

H3T.33

Menzies House Parkfield Road

10

24/T007

Torquay Sub Total

1395

Paignton

H3P.1

North of James Avenue

30

21P087

H3P.2

Barton Pines

50

24P006. Removal of holiday occupancy policy

H3P.3

Stoke Road, West of Yalberton Valley

400

21P065a 24P001

H3P.3

Land at Preston Down Road North, Paignton

50

21P017

H3P.4

Land at Preston Down Road South, Paignton

50

21P018

H3P.5

Summerhill Hotel, Braeside Road

10

21P055

H3P.6

Former Kia Garage, Totnes Road

25

21P088. Existing permission for Screwfix- but keep allocation until implemented, due to the sustainability of the site.

H3P.7

Totnes Road Service Station

14

21P075

H3P.8

Oldway Mansion

46

24P004- see permission P/2011/0925

H3P.9

Alan Kerr Garage, Brixham Road

10

21P033

H3P.10

Church site, Bellfield Road, Foxhole

15

21P069

H3P.11

3 Keysfield Road

13

21P085

Paignton Sub Total

713

Brixham (Town Council area)

H3B.1

Wall Park Extensions (R/O Wall Park Farm, 39 Wall Park Rd), Brixham

20

H3B.2*

Brixham Paint Station, Kings Drive**

10

Increase. 21B007 Include church area

H3B.3*

Site of Northcliff Hotel

15

21B008

H3B.4*

St Kildas (Specialist housing)

20

21B011

H3B.5*

Torbay Industrial Estate Part 1

10

21B053 Subject to amenity issues

H3B.6*

St Marys Road (Old Dairy Buildings)

30

22B001

H3B.7

Former Jewsons, New Road.

17

P/2024/0311

H3B.8

Brixham Hospital

15

25B001

Brixham Sub Total

137

BGC Villages

H3BCG.1

Gliddon Ford Filling Station, Dartmouth Road, Churston Ferrers. Access to the Archery Field

10

21B001

H3BCG.2

Archery Field, Churston

50

21B005

H3BCGC.3

Monksbridge

130

21B015a

H3BCG.4

Copythorne Road

77

Permission P/2023/0480

BCG Villages Sub Total

267

Total

2512

Community and Corporate Plan – Improving the delivery, affordability and quality of housing

Explanation

3.27 The Local Plan seeks to allocate sites with a likely capacity to be major development. It does not allocate sites with an assessed capacity of fewer than 10 new dwellings. Non-major development can come forward as windfall and/or through Neighbourhood Plans.

3.28 This list of sites will change over time, and other applications that come forward will be considered on the basis of Policy HS and other policies in this Plan.

3.29 There is an expectation all major development will provide affordable housing in accordance with Policy H7. Applications should also meet other Local Plan requirements in relation to providing a high quality of design, climate change resilience, environmental protection etc.

Policy H4: Minimum density Comment

New housing should be developed at maximum densities consistent with protecting the natural and built environment and providing a decent standard of accommodation and residential amenity.

In particular, high densities will be supported on urban sites and are located within easy walking distance of public transport, food stores, community facilities and public open space. In these circumstances car parking provision may be reduced.

Developments should ensure that safe access for emergency vehicles can be achieved and that safe covered provision for electric cycles is provided.

Regard must also be had for amenity issues in relation to existing uses and avoid new housing where it would lead to pressure for existing commercial or leisure uses to be curtailed.

Community and Corporate Plan – Community and Place

Explanation

3.30 Torbay has very little opportunity to expand outwards and the limited green hinterland that exists has significant environmental designations. It is important that new housing on both greenfield and brownfield sites is provided at the highest density consistent with providing an adequate level of privacy, amenity and tranquillity for residents.

3.31 Paragraphs 129-130 of the NPPF (2024) require plans to make the best use of land and for minimum density policies to be considered, especially in urban locations that are well served by public transport.

3.32 Because Torbay has a range of landscape, historic and built environment constraints, it is not feasible to set out a clear minimum density. However, greenfield housing developments should seek to achieve 30-50 dwellings per hectare. Proposals that achieve lower than 30 dwellings per hectare will need special justification in terms of design, landscape or ecological constraints.

3.33 Higher densities should be provided in town centres and other locations within easy reach of facilities and public transport. It will be important to consider living conditions of residents in such proposals and to avoid "agent of change" issues whereby new housing leads to conflict with existing businesses or uses. This will be an important consideration for new housing development close to commercial areas such as waste management, harbours and waterfronts, and the fishing industry.

Policy H5: Conversion of buildings into flats Comment

Applications for the conversion or sub-division of buildings into flats will be supported where:

  1. The accommodation provided creates good quality accommodation of a reasonable size with ample provision for amenity space, parking and waste/recycling provision having regard to the surrounding area.
     
  2. The proposal does not lead to a concentration of deprivation, for example by creating very small dwellings or dwellings with poor living conditions. Special attention will be had to Community Investment Areas and other indicators of deprivation.
     
  3. The conversion of modest size family housing into small apartments will be resisted unless this can be shown to have a positive benefit for the creation of mixed and balanced communities.
     
  4. The buildings are self-contained.
     
  5. The proposal incorporates improvements to the fabric of the building, including the removal of deleterious additions, particularly in conservation areas.
     
  6. The proposal is acceptable in terms of its environmental, water management, and ecological impact. In particular it will not lead to additional pressure on drainage or Special Areas of Conservation.
     
  7. The conversion of buildings achieves best use of land, having regard to heritage and other policies in the Local Plan.

Community and Corporate Plan – Improving the delivery, affordability and quality of housing

Explanation

3.34 Some conversion of buildings to apartments can be caried out under "prior approval" which is a reduced "permitted development" consent regime in Part 3 of the General Permitted Development Order (GPDO). Local Plan is strongly supportive of brownfield development. However, the creation of very small apartments can exacerbate Torbay's severe deprivation problems and reduce the availability of family accommodation. It is also important that converted apartments should not result in poor living conditions. Whilst the policy does not apply rigid space standards, self-contained apartments of less than 37sq m. are likely to be in conflict with Policy H5. Regard will also be had to natural light, overlooking and outlook etc.

3.35 Where historic buildings are sub-divided, the council will seek to achieve built environment improvements including the removal of harmful features, such as later lean-tos, roof extensions and other mid C20th features. These were often applied to buildings formerly in holiday use.

3.36 Other policies relating to flooding, water management and reducing the amount of water draining into shared sewers, will be important to mitigating flood risk.

Policy H6: Loss of homes Comment

Where proposals result in the loss of housing, including through the combination of dwellings, applicants should demonstrate that one or more or the following apply:

  1. The proposal would result in improved standard of accommodation and improved living conditions.
  2. The proposal would make a positive contribution to reducing deprivation.
  3. The proposal would restore or enhance historic features or architectural features of heritage assets.
  4. It is demonstrated that the loss of housing would be outweighed by a regeneration, economic or environmental benefit.

Proposals that do not achieve one or more of the above will not be supported. The council will consider the impact of loss of dwellings on housing supply and the creation of mixed and balanced communities.

Where the amalgamation of dwellings is approved, a condition will be attached to restrict use as a house in multiple occupation unless all of the criteria in Policy H10 are met.

Community and Corporate Plan – Community and Place

Explanation

3.37 Torbay's constrained land supply means that it will be important to maintain the existing dwelling stock for residential use. As such the amalgamation of dwellings will be regarded as development that requires planning permission. It is important to note that housing stock does not provide a good standard of accommodation, particularly where buildings have been badly sub-divided into flats, or holiday apartments have lapsed into permanent occupancy. Concentrations of such accommodation can create deprivation hotspots and poor living conditions, mainly for private sector renters. In such cases the amalgamation of dwellings will be supported if this would improve the quality of the environment or support mixed and balanced communities.

3.38 The council will resist the creation of very large dwellings, where this does make good use of land, or could lead to multiple occupancy. Where necessary, permitted development rights for use as class C4 HMOs will be removed.

3.39 In assessing the "reasonable" size for a dwelling the council will have regard to the following guideline sizes. Layouts that significantly exceed this (e.g. by more 20%) are likely to raise questions about whether a proposal is making best use of land.

Table 6 Typical Floorspace Range of Dwellings.

General description

Floorspace range (excluding communal areas)

Typical of dwelling type

Smaller Apartments

37 – 59 sq. m

Studio and 1-2 bedroom flats

Small-medium dwellings

60-79 sq. m

2-3 bedroom apartments, Smaller 2-3 bedroom houses.

Medium size dwellings

80-108 sq. m

Large apartments, 3-4 houses.

Larger dwellings

109+ sq. m

4+ bedroom houses

3.40 There may be instances where the loss of housing is necessary for economic purposes, e.g. to support infrastructure improvements. Such instances are likely to be uncommon, and the public interest economic or other benefits will be taken into account as part of the overall justification for the loss of dwellings.

Strategic Policy H7: Affordable Housing Comment

Policy requirement

Residential development will contribute to meeting affordable housing needs across Torbay by providing a proportion of new housing as affordable homes.

All major residential developments (meaning developments including mixed use developments that contain 10 or more dwellings irrespective of use class or where the site has a combined gross floorspace of more than 1,000 square metres, or is located in the National Landscape) will be required to contribute towards the provision of affordable housing as set out in Table 7:

Table 7: Affordable Housing Thresholds

New dwellings (gross)

Proportion of affordable housing

Equal to no. of homes

On-site or offsite

Sites outside of the South Devon national Landscape (AONB)

0-9

Proscribed by paragraph 64 of the NPPF. If this changes, affordable housing will be sought in accordance with national policy.

10

3%

0.3

Off site contribution unless brought forward as part of the council's accommodation repurposing programme.

11

6%

0.66

Off site contribution unless brought forward as part of the council's accommodation repurposing programme.

12

9%

1.08

Off site contribution unless brought forward as part of the council's accommodation repurposing programme.

13

12%

1.56

Off site contribution unless brought forward as part of the council's accommodation repurposing programme.

14

15%

2.25

Off site contribution unless brought forward as part of the council's accommodation repurposing programme.

15

18%

2.7

Onsite unless offsite provision is agreed with the Head of Housing.

16

21%

3.36

Onsite unless offsite provision is agreed with the Head of Housing.

17

24%

4.08

Onsite unless offsite provision is agreed with the Head of Housing.

18

27%

4.86

Onsite unless offsite provision is agreed with the Head of Housing.

19

30%

5.7

Onsite unless offsite provision is agreed with the Head of Housing.

20+

30%

6 (+0.3 per dwelling thereafter)

Onsite unless offsite provision is agreed with the Head of Housing as a special exception.

Allocated sites in the South Devon National Landscape

All allocated sites in the South Devon National Landscape

At least 35% for allocated sites.

Exceptions sites in accordance with Policy H8.

Onsite unless agreed by the Head of Housing. Unallocated sites in the National Landscape are likely to only be acceptable as rural exceptions affordable housing sites. A higher rate of affordable housing will be sought from rural exception sites in the National Landscape in accordance with Policy H8. 

  1. The affordable housing must be provided on-site where indicated above. Off-site provision or commuted sums will only be considered on sites of 15+ dwellings in exceptional circumstances and must be justified with a planning statement demonstrating that:
    1. there is a good planning reason why on-site provision is not viable or practical.
    2. Contributions of land and/or money are made sufficient to achieve the same or greater number of affordable homes than would be achieved through onsite provision.
       
  2. Within the South Devon National Landscape, allocated sites (of whatever size) should provide at least 35% affordable housing.
     
  3. Unallocated sites in the countryside area will be subject to policy H8 Affordable Housing Exceptions sites in the Countryside.
     
  4. A site's overall capacity to accommodate dwellings will be taken into account when calculating the affordable housing requirement. Proposals that artificially sub-divide, or under-develop sites will be resisted.

Tenure Mix

  1. The tenure of affordable housing should be agreed through the planning process. The council will seek:
    1. 70% Social Rent
    2. 30% Intermediate housing (e.g. Shared Ownership, Discount Market Sale)

​​​​​Regard will be had to up-to-date local evidence of housing need.

Design and Integration

  1. Affordable housing must be indistinguishable in appearance from market housing and fully integrated within the development.
     
  2. Affordable units must meet the Nationally Described Space Standards and Building Regulations Part M4(2) (Accessible and Adaptable Dwellings) unless otherwise agreed.

Viability and Flexibility

  1. Where applicants seek to provide fewer than the required affordable units due to viability concerns, they must submit a Viability Assessment in accordance with the National Planning Practice Guidance and local validation requirements. All viability assessments must be:
  • Submitted at the planning application stage;
  • Made publicly available;
  • Reviewed by an independent assessor appointed by the LPA, at the developer's cost.
  1. Before reducing the quantity of affordable housing, other options such as changing the tenure mix or other funding sources must be investigated.

Delivery and Timing

  1. Affordable housing shall be delivered in phases alongside market housing unless otherwise agreed through a planning condition or Section 106 agreement.
     
  2. Developers will be required to:
  • Enter into a Section 106 Agreement to secure affordable housing;
  • Provide details of the proposed Registered Provider or alternative delivery mechanism.
  1. The early development of affordable housing on site will be encouraged
     
  2. The provision of additional affordable housing on non-major sites, or in excess to the plan requirement will be supported in principle, subject to the creation of mixed and balanced communities.

Community and Corporate Plan – Improving the delivery, affordability and quality of housing

Explanation

3.41 Torbay has a very pressing need for affordable housing. Around 8% of Torbay's housing stock is made up of affordable housing, compared to around 18% nationally.

3.42 Policy H7 ensures that all major residential developments contribute to affordable housing supply, and support the creation of mixed and balanced communities. The policy provides flexibility where schemes are genuinely unviable but prioritises on-site provision in line with national policy and local housing needs.

3.43 The Policy also supports the delivery of affordable housing on non-major sites, whilst respecting the nationally prescribed threshold of 10 dwellings (or 1,000 sq. m) outside of the National Landscape. On that basis, non-major sites are likely to come forward through non-S106 routes, unless provided as local need rural exceptions sites (see policy H8 below).

3.44 Early discussion with the council's Head of Housing or Affordable Housing Manager should take place to agree location, tenure and timing of provision.

3.45 When negotiating affordable housing tenure, regard will be had to evidence of housing need, including the latest Housing and Economic Needs Assessment (currently 2021), waiting list and affordability data.

3.46 The expectation is that affordable housing should be provided on-site for larger sites. However, the policy allows for the provision of land or financial contributions for provision elsewhere. This must be agreed by the council's Head of Housing (or equivalent post) and provide for at least an equivalent number and type of affordable homes that would have been provided on site. It should also take into account the additional costs of off-site provision such as site acquisition.

3.47 The council will consider a site's capacity to provide affordable housing and resist attempts to under-develop sites or subdivide plots to minimise affordable housing liability. This also includes providing abnormally large dwellings or void areas in building layouts (unless justified by other constraints such as flood risk etc). It will be assumed as a starting point that sites are capable of providing 30 dwellings per hectare gross, although extenuating factors will be considered. Developments of apartments are likely to be capable of providing significantly higher levels than 30 dwellings per hectare.

3.48 When assessing whether land is an "incremental" site where affordable housing may be sought the council will consider matters such as land ownership, whether sites are directly adjacent or connected, and any levels differences between sites.

3.49 Torbay's main need is for rented affordable housing; however, demand for intermediate affordable housing has increased in recent years (e.g. as shown by the increase from 10% of need in the 2011 Housing market assessment to around 40% in the 2021 HENA). It is also important that affordable housing is provided as mixed and balanced communities and that concentrations of deprivation are avoided (see Policy SCS). The provision of intermediate housing can assist with the creation of mixed and balanced communities and aid viability. The council's preferred means of delivering intermediate housing is through shared ownership homes managed by registered providers. There is currently a high take up for these. The NPPF does acknowledge that other forms of intermediate housing, such as discount market sales housing do exist. Where proposed, other forms of tenure should be agreed with the Affordable Housing Manager.

3.50 The NPPF (paragraph 65) and PPG requires councils to allow Vacant Building Credit to be granted to incentivise the reuse or redevelopment of vacant buildings. Eligibility for VBC will be determined by Torbay Council at application stage. Robust evidence will be required to support an application for VBC. Buildings that have been abandoned or made vacant for the purpose of redevelopment will not be eligible. The council will have regard to the definition of vacant buildings in the CIL Regulations (2010 as amended) when considering VBC eligibility i.e. a vacant building is defined as not having been in lawful use for 6 months or longer in the last 3 years. However, the council will also have regard to the imperative of incentivising brownfield development.

3.51 Where the provision of affordable housing may render affordable housing unviable, it is important that early discussion takes place with the council's Affordable Housing Manager. An independent assessment of viability will be required, with the developer underwriting the cost of the viability assessment. A reduction in the level of affordable housing provision will only be agreed where:

  1. The provision of affordable housing is shown to make the development unviable.

  2. Other options to achieve policy compliant level of affordable housing have been explored. These include (but are not limited to) increasing the proportion of intermediate housing, or sale to an affordable housing provider.

  3. A recovery mechanism is provided that allows affordable housing to be provided should viability improve, based on a deferred calculation of development profitability.

3.52 Affordable housing will be prioritised for local people though local lettings policy (Devon Home Choice). Proposals that provide particular support to groups such as care experienced young people will be given particular support. This policy will be reviewed periodically to ensure continued alignment with national policy, housing needs, and viability evidence across Torbay.

3.54 More detailed advice on the implementation of this policy will be set out in updated Planning Contributions and Affordable Housing Supplementary Planning Document.

Policy H8: Affordable housing exceptions sites in the countryside Comment

In the countryside (as shown on the Policies map), the development of sites for affordable housing to meet the needs of local people will as a rural exception will be supported where:

  1. There is a proven need for affordable housing from households that have a strong local connection; and
  2. The site adjoins a settlement and does not have a significantly adverse impact on environmental, landscape, or historic assets, individually or in combination with other developments; and
  3. The scale of provision is limited to meeting the identified local need; and
  4. Dwellings remain as affordable housing for local people in perpetuity.

There is an expectation that homes permitted as rural exception housing should be 100% affordable housing.

Where market homes are proposed to support the overall viability of the site, they will need to be supported by a viability assessment indicating why they are necessary to deliver the development. Market homes should in any event be a small proportion of dwellings, up to 30% of homes on site.

Community and Corporate Plan – Improving the delivery, affordability and quality of housing

Explanation

3.55 Policy H8 sets out criteria for considering rural exceptions where this would achieve affordable housing to meet an identified local need. Since the policy allows housing to be built in locations where it would not usually be acceptable, it should be limited to providing affordable housing. To achieve this a s106 obligation will be sought to require the dwellings to be provided as affordable housing and retained as such in perpetuity. Occupation should meet local needs with a cascade to town level and Torbay level if not achieved. This will be managed through a local lettings policy via Devon Home Choice.

3.56 It will be assumed that dwellings will be 100% affordable, with an emphasis on social rent. Where it is argued that market housing is needed to achieve viability, robust evidence will be required to demonstrate this, having regard to other available sources of funding including public subsidy. No more than half the homes may be provided as open market dwellings.

3.57 Policy H8 is expected to deal with relatively small sites in general. Because the dwellings would not normally be acceptable other than to meet affordable housing needs, it is considered appropriate that the normal threshold for affordable housing is waived.

3.58 Proposals should not cause serious landscape or ecological harm and should be able to provide safe access.

Policy H9: Self-build housing in Future Growth Areas Comment

To accommodate demand for self-build homes, the provision of at least 2% of dwellings within Future Growth Areas, or sites of over 100 dwellings, shall be provided as serviced plots for sale to self or custom home builders.

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 3 months and have not sold, the plot(s) may either remain on the open market as self-build for up to 12 months, or be offered to the council for affordable housing. Where no take up of self-build plots occurs within 12 months, it should be offered to the council for the provision of affordable housing.
     
  3. Planning permissions should include conditions requiring self-build developments to be completed within 3 years of a self-builder purchasing a plot.
     
  4. If provision is made off-site, alternative sites should be provided as serviced plots with planning permission.
     
  5. Where the provision of serviced plots for self-build is not practical for site assembly, layout or other reasons, an additional 2% of homes should be provided as affordable housing.

Community and Corporate Plan – Community and Place

Explanation

3.59 Policy H9 seeks a small proportion of large housing sites (of 100 or more dwellings or those within Future Growth Areas) to be provided as self-build plots. In the context of this policy, self-build also refers to custom build plots. These should be provided by the developer as serviced plots, and will be allocated from the Self Build Register with first preference to existing Torbay residents or those with a strong family connection.

3.60 Where the provision of serviced plots is not practical, for example due to site servicing or insurance reasons, the provision should be rolled into the provision of affordable housing (and additional to the affordable housing requirement). The assumption will be that such units will be offered for sale through a Registered Provider as shared ownership products through a local lettings policy. Similarly, where there is no take up of self-build plots, they should default to affordable housing.

3.61 Where self or custom-built homes are built, whether on allocated sites or through windfall sites, it is essential that CIL Self Build Exemption is applied for as an application validation measure, even if the development is zero rated for CIL.

Policy H10: Houses in Multiple Occupation (HMOs) Comment

The conversion of HMOs to self-contained dwellings will be 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 sustainable 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. To avoid an over-concentration of similar uses that could exacerbate deprivation, no more than 5% of the total dwelling stock within 100 metres of the application site should be HMOs; and the application does not sandwich a dwelling between two HMO properties.
     
  5. The building is not within an area of significant deprivation.
     
  6. The proposal is not within or directly abutting a Core Tourism Investment Area, and would not otherwise adversely affect the character of holiday areas.
     
  7. Adequate storage facilities are provided for cycles, waste, and recycling collection; and
     
  8. There is supervision by a resident owner or manager, or an appropriate alternative level of supervision. Ongoing management will be secured through condition or s106 Planning Obligations where appropriate.
     
  9. Where new dwellings (within Class C3) do not meet the above tests, the council will restrict the change of use to Class C4 (Small Houses in Multiple Occupation).

Community and Corporate Plan – Community and Place

Explanation

3.62 An HMO is a building or part of a building that is occupied as a main residence by more than one household, i.e. unrelated people who do not live together as a family but share some facilities such as a bathroom or kitchen. HMOs with more than 6 occupants are 'sui generis' and require planning permission. Small HMOs of 4-6 people fall within Use Class C4. These require planning permission where permitted development rights to change use have been removed, for example through an Article 4 Direction.

3.63 Planning control of HMOs is separate from housing legislation. The Housing Act 2004 defines licensable HMOs as 5+ occupants living in more than 1 household in buildings of three stories or more.

3.64 HMOs form 2.3% of Torbay's housing stock compared to a national rate of 1.6%. A proliferation of houses in multiple occupation, particularly where badly managed can worsen the serious urban deprivation that besets many coastal towns.

3.65 On this basis, 'sui generis' or Use Class C4 HMOs will be resisted where there are concentrations of deprivation or where a proliferation of such properties could be harmful to achieving mixed and balanced communities. As a guideline, where applications make up more than 5% of housing stock within a 100m radius, or where proposals are within the 10% most deprived neighbourhoods in the Indices of Multiple Deprivation, they are unlikely to comply with Policy H10

3.66 HMOs should contain adequate provision for waste and recycling, cycle storage and resident amenity space. HMOs should seek to provide an area of 30-35 square metres per single bedspace. Communal areas such as lounges and kitchens may be counted towards to this space. Where permission is granted for HMOs, the council will require the property to be appropriately managed, either through an on-site manager or other arrangement that provides for 24 hour emergency cover. This will be secured through planning condition or s106 Planning Obligations, and a monitoring obligation sought.

3.67 HMOs will not be supported in Core Tourism Investment Areas and other key tourism locations where they would adversely affect the tourist economy. Unauthorised HMOs will be prioritised for enforcement action. Note that the Tourism Policies (especially TO3) have been drafted to support conversion of holiday accommodation into self-contained residential dwellings outside of CTIAs.

3.68 Policy H4 will apply to all HMOs. The council will use these Policy criteria in considering whether to pursue enforcement action against existing unauthorised HMOs. The Policy aims to reduce the number of poor-quality HMOs and to slow the growth in their number in the Bay, whilst acknowledging that well-run establishments can contribute to meeting a need for low-cost accommodation.

3.69 Note that Policy H10 does not apply to accommodation where significant care or ongoing support is provided by a charitable organisation. Such uses are dealt with in Policy H11 below.

3.70 The council will resist very large dwellings which are likely to be HMOs where they fail the tests of this policy. In Community Investment Areas (i.e. within the top 20% most deprived neighbourhoods), the council will restrict permitted development rights to convert Class C3 dwellings to Class C4 HMOs.

Strategic Policy H11: Specialist housing for people in need of care or support Comment

The council will support measures to help people live independently in their own homes and to live active lives within the community.

This will be achieved through the following measures:

  1. All new dwellings should be capable of adaptation for disabled people, as far as is practical. All major developments should provide a minimum of 25% of all new homes to Building Regulations Approved Document Part M4(2) (accessible and adaptable dwellings) standard.
     
  2. The provision of accommodation providing additional support and assistance to local care-experienced young people will be supported unless other policies in the Local Plan provide a strong reason for refusal.
     
  3. Adaptations to assist people living with disability will be supported unless they conflict significantly with other Local Plan Policies. Where accommodation is provided for annexes for relatives or other dependants, the council will require accommodation to revert back to being part of the main dwelling when no longer needed for annex purposes, unless the annexe is suitable for residential accommodation according to the policies and obligations set out in this plan (or subsequent development plan policy).
     
  4. Specialist and age-restricted accommodation (irrespective of use class) should be aimed at meeting the needs of local people, or those with a strong family connection. The occupation of specialist and age restricted accommodation will be restricted to people living in Torbay for a minimum of five years or with a direct family member living in Torbay. Exceptions to this will be provided where one or more of the following apply:
    1. Specialist accommodation such as specialist dementia care and facilities etc. with support of adult social care
    2. Affordable housing or institutions (including extra care managed by local lettings agreement)
    3. Where specialist accommodation is not restricted to occupation by people with a strong local connection, and (i)- (ii) above does not apply, the council will seek financial contributions via s106 Planning Obligations to meet likely local healthcare and social service costs generated by the development. This should reflect the average additional cost to Torbay Adult Social Care and the NHS arising from inwards migration of people likely to require additional care and support over the lifetime of the development.
       
  5. Specialist accommodation for older people or other people in need of care should be located within easy reach of community facilities, shops, and public transport. They should be located on relatively level sites where possible.
     
  6. New care homes and other specialist accommodation, extensions to existing care homes and development of retirement villages will only be approved where:
    1. evidence of need is provided.
       
    2. they will not harm the creation or retention of mixed and balanced communities.
       
    3. they will not add undue pressure on local healthcare or social services; and
       
    4. the accommodation leads to an improvement in the quality-of-care facilities provided especially the provision of specialist nursing or care facilities.

Where development, including residential development, places an additional need upon health services or facilities, the council will seek financial contributions towards the funding of those facilities.

Community and Corporate Plan – Community and Place

Explanation

3.71 A key issue that Torbay faces is an ageing population. By 2032, 30% of Torbay's population is projected to be aged 65 or older, up from 26% in 2022. This can bring considerable social and economic benefits to an area. However, it also raises significant health and accommodation issues and costs. In addition, there is a wide range of people with additional needs who may require some form of assistance to live independently. On this basis it is important that the provision of homes for older people assists with freeing up local housing stock for working age people and families. It will be important that new age-restricted housing does not lead to increased inwards migration of older people.

3.72 The overarching aim of Policy H9 is to assist people to live good-quality of life in their own homes for as long as possible, and supports adaptations and the appropriate provision of specialist accommodation.

3.73 Torbay's need for specialist housing was assessed by Housing LIN (Local Intelligence Network) in 2019 and is currently being updated. Preliminary evidence from the update indicates a large increase in older people living along and the need to provide better specialist facilities; but a falling need for care home spaces offering no additional services

3.74 Torbay Council's and the Torbay and South Devon Healthcare NHS Foundation Trust's policy is to help people to live in their own homes for as long as possible. Adapting homes to provide facilities such as wheel chair access will not usually require planning permission, however a sympathetic view will be taken of people's needs in instances where permission is required. The creation of annexes for dependent relatives will be supported subject to design and neighbour amenity matters. It will usually be necessary that annexes are subject to a planning condition requiring planning permission to be sought for them to be used as a separate dwelling.

3.75 Age-restricted dwellings offering no additional facilities (sometimes referred to as sheltered housing) is likely to fall within use class C3, but subject to different space, parking and open space standards to general needs housing. Extra-care and supported housing providing additional care and facilities may fall within Use Class C2 or C3 but is still "housing" and liable for affordable housing under Policy H7.

3.76 The council recognise that there is a need for housing offering additional support and assistance for young people, including care experienced young adults and people with additional needs. These should be run by a recognised body such as a Registered Provider as affordable housing and provide additional support such as links to local employers' training agreements. Such dwellings may fall within Use Class C3(b) or sui generis depending on the number of residents and whether or not care is provided. Policy H11 seeks to provide a supportive framework for such accommodation, subject to other Local Plan considerations, particularly management arrangement sand neighbour amenity.

3.77 Where an application is likely to lead to an increase in health and social care costs in the area, the council will seek s106 Planning Obligations to meet the additional cost to the area. This will not be sought where occupation is restricted to Torbay residents or people with a strong family connection. This will generally be taken to mean 5-years' or more residency or a direct family connection. In the case of affordable housing, occupancy will be managed via local lettings agreement at the discretion of the Head of Housing.

Policy H12: Proposals involving the loss of care accommodation Comment

Proposals involving the loss of existing care accommodation will be supported where it is demonstrated that it does not represent the most appropriate way of delivering care, or it provides a type of accommodation that is not needed.

Proposals for change of use or redevelopment of care accommodation should achieve a good quality of residential accommodation.

Where such a change of use is agreed, the creation of family homes or employment space will be encouraged, and the council will seek the restoration of buildings by the removal of unsightly features or additions relating to their specialist use.

Community and Corporate Plan – Community and Place

Explanation

3.78 As set out in Policy H11 the majority of Torbay's housing need, including specialist accommodation should be met by assisting people to live in their own homes including assisting them to down-size to age restricted and extra care dwellings. Nursing homes should provide for facilities such as dementia care or specialist facilities, and there is unlikely to be a need for care homes that provide no additional nursing or specialist facilities.

3.79 Properties converted into care homes, for example from Victorian Villas often lack facilities such as level access or ensuite accessible wet rooms. Policy H12 recognises that some care homes should convert, or be redeveloped, for residential purposes. This will allow need to be met though more modern purpose-built facilities.

3.80 Regard should be had to the design policies in the Local Plan in relation to the sympathetic conversion of older buildings, particularly the removal or improvement of unsightly features and additions.

Policy H13: Sites for travellers Comment

The Local Plan will provide for a temporary negotiated stopping places for Travellers within Torquay Gateway and Collaton St Mary Future Growth Areas. Provision may be made offsite, subject to suitable alternative sites being provided by the developer. These should have regard to the criteria below.

Other 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. Evidence of need for pitches for travellers or plot/yards for travelling showpeople.
     
  2. The availability and suitability of accommodation on existing mobile home sites with licences for permanent occupancy.
     
  3. Proposals should promote peaceful and integrated co-existence between the site and the local community. They 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,
     
  4. Sites should be provided with a satisfactory means of vehicular access, together with adequate provision for turning, parking and stationing of incidental business vehicles on the site.
     
  5. Sites should be provided with an appropriate level of essential services including access to drinking water, refuse collection and sewage disposal.
     
  6. Sites should be located within reasonable distance of local services and facilities (e.g. shops, schools, and hospitals).
     
  7. Sites should not be located in areas at risk of flooding.
     
  8. 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.
     
  9. Proposals in in rural or semi-rural settings, should ensure that the scale of such sites does not dominate the nearest settled community.

Community and Corporate Plan – Community and Place

Explanation

3.81 The government's Planning Policy for Traveller Sites was updated in December 2024 as a sister document to the NPPF. Where there is an identified need, councils should maintain a 5 year supply of pitches. Pitches may include:

  1. Residential sites for settled occupation (with infrastructure including provision of sanitation and other services);

  2. Transit sites (possibly with limited facilities); and

  3. Temporary stopping places (with normally only basic facilities)

  4. Plots or yards, for travelling show people with facilities to allow over-wintering and storage of equipment.

3.82 Torbay does not have a history of settled traveller or Romani Gypsy communities , or others with a heritage of travelling expressing a wish for pitches. Furthermore, there have been no planning applications for any type of sites in the Unitary Authority area.

3.83 The 2014 Gypsy and Traveller Accommodation Assessment (GTAA) in Torbay confirmed that no evidence existed that indicated a need for the council to make provision for permanent or transit site accommodation for travellers or travelling showpeople. However, there is a need to identify negotiated stopping sites.

3.84 However, the need for accommodation will be reviewed as part of the Plan preparation. In the event that a need for a permanent site is identified, the first preference will be in the built-up area in proximity to schools and other services. Torbay does have a significant stock of mobile home accommodation on the West of Paignton that is likely to meet demand for settled accommodation. If a need for local-need affordable pitches in the rural area is identified, Policy H13 will be the starting point for determining proposals.

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