Regulation 18 Draft Local Plan 2025 Online Version and Consultation

Introduction

4.1 The Local Plan supports a step change in the economic performance of the Bay, building on the recent signs of recovery and maximising the opportunities for regeneration. The National Planning Policy Framework (paragraphs 18-22) supports economic growth. Plans and decisions should support growth and to plan proactively to meet development needs. At the same time, many employment and commercial activities are outside the control of planning, particularly with the creation of a wide Class E commercial use class, and permitted development rights to convert many commercial buildings to housing.

4.2 This chapter is divided into three sections:

• Part 1: Economy and Employment Land

• Part 2: Tourism

• Part 3: Safe and Welcoming Town Centres for All (Town Centre and Retail policies)

Part 1 - Economy, Tourism and Town Centres

Economy and Employment Land

4.3 The Torbay Economic Growth Strategy was adopted by Torbay Council in 2023. This identifies a need to increase Torbay's productivity by broadening the economic base and reducing reliance on the service sector. The Economic Growth Strategy sets out how the council and its partners can improve economic conditions and help businesses to improve performance, create new opportunities for residents, tackle poverty and improve health outcomes.

4.4 The Local Plan recognises the importance of the hi-tech sector and knowledge-based economy. Torbay has specialisms in areas such as photonics, electronics, and medical technology. Many firms are reaching capacity and need grow-on space. There is a need to provide improved employment prospects and learning opportunities, and to provide better opportunities for younger people to stay in Torbay. This involves improving links with education providers such as South Devon College and providing improved prospects for local young people, especially those from care-experienced and other special education needs backgrounds. More details of the Economic Growth Strategy are available at: Economic Growth Strategy - Torbay Council and the Economy Topic Paper.

4.5 Torbay's Community and Corporate Plan prioritises inclusive economic growth, aiming to create opportunities for all residents. This section supports that ambition by focusing on job creation, skills development, and business resilience. The emphasis on high-tech industries and education partnerships reflects a commitment to long-term prosperity and social mobility. Investment in employment land and infrastructure is key to unlocking Torbay's potential and reducing deprivation.

Explanation

4.6 The Local Plan sets out a positive spatial framework to support the economic prosperity aspirations of the Community and Corporate Plan and Economic Growth Strategy. Central to increasing Torbay's productivity and employment prospects, the Local Plan seeks to create a land use framework to support the maintenance and expansion of hi-tech industries identified in the vision in the Torbay Economic Growth Strategy, Community and Corporate Plan and The Torbay Story.

4.7 Whilst not an exclusive list, the following sectors are particularly important in Torbay:

• Tourism, hotel and catering

• Manufacturing

• Professional services

• Financial services

• Advanced electronics and photonics / hi-tech

• Medical / Healthcare

• Education and training

• Business Process Outsourcing and

• Food production and processing.

4.8 Policies ES and E1 set targets for the provision of employment land in Torbay. This is informed by the Torbay Economic Development Needs Assessment (EDNA) (DLP 2024) https://www.torbay.gov.uk/council/policies/planning-policies/local-plan-update/economic-development-needs-assessment/as well as the Torbay Economic Growth Strategy (2023). Based on the 2024 EDNA, the Local Plan seeks to allocate at least 20ha of employment land that should achieve at least 80,000sq m of net additional employment floorspace within Class E(g), B2 or B8 (i.e. traditional employment uses such as offices, light industry and high tech that would have fallen into Use Class B1 prior to 2021, Use Class B2 General industry and Use Class B8 Storage and Distribution). Policy E2 sets out site allocations. There is an emphasis on traditional former "Class B" jobs in these allocations due to the need to increase GVA and widen the areas industrial/high tech base. The Local Plan identified about 32ha of employment land in Policy E1, but makes an allowance for other uses including Class B8 and non-completions. This level of provision is more likely to deliver 80,000sq m of employment space rather than simply relying 20ha, which would be the requirement based on a typical 40% site coverage assumption (i.e. assuming that 1ha allocation yields 4000 sq. m. floorspace). The delivery of employment space will be kept under review in order to ensure that it delivers at least 80,000 sq. m. Class B2/B8/E(g) floorspace.

4.9 The 80,000 sq. m. employment space allocation does not include provision for education or healthcare jobs. Provision should be made for growth within these sectors, particularly at Torbay Hospital, South Devon College and other strategically important institutions. Development in Future Growth Areas should make provision for education and healthcare facilities in line with Policies SCS and SC1

4.10 Home working has become increasingly important, both because of flexible working arrangements, improvements to ICT and AI. This usually takes place as ancillary to the domestic use of properties, and there has not been an upsurge in demand for live-work units. However, the Local Plan seeks to accommodate the rise in home working through policies supporting to the door fibre (Policy IN2) and provision for vans as part of residential layouts (See Policy TA4). The Local Plan also supports the provision of work hubs or start up units are part of the Class E(g) employment space offer.

Table 8 Local Plan Employment Allocations.

Explanation

4.11 Policy E1 proposes employment allocations. The main focus of these should be on providing employment space within the "industrial" use classes which are needed to support Torbay's key employment sectors such as photonics and MedTech, as well as the Bay's Marine economy. There is an emphasis on the following use classes to support these sectors:

• B2 General Industry

• E(g)(i) Office

• E(g)(ii) research and development

• E(g)(iii) any industrial process which can be carried out in a residential area.

• Limited Class B8 Storage and distribution where necessary to support key industries or the wider economy.

4.12 The table above provides around 32 ha, but not all of the areas are likely to be suitable for employment development at 40% site coverage and some are subject to alternative proposals. Delivery of employment land will be kept under review to ensure that at least 80,000 sq. m. of B2/E(g) floorspace is delivered early in the Plan period.

4.13 Where proposals are part of wider mixed-use areas, such as Future Growth Areas, there should be a value-equalisation agreement over the site where practicable to assist with the delivery of employment areas. Development should be phased to ensure early delivery of employment areas.

4.14 Proposals for non-employment use of these allocations will be resisted, subject to the considerations in Policy E4 below. The council recognises that there is likely to be limited demand for new office space, and proposals should avoid this as an element of mixed-use developments, unless supported by clear evidence that it is deliverable.

4.15 Employment sites should be suitable for modern users and not unduly constrained by operational requirements. Care will need to be taken when locating employment next to residential development, and areas should be master planned to accommodate employment use. Advice on the needs for employment space, layout etc. is available from the Economy Team.

Table 9 Existing Employment Areas

Explanation

4.16 Policy E2 proposes the refurbishment and improvement of existing employment areas. The Local Plan recognises that there is scope to make better use of land in some of these locations, including the introduction of some other employment or residential uses. However, the policy seeks to improve the quality of employment space and achieve no net loss of Class E(g), B2 or B8 space, unless there is a clear improvement in the quality of space provided or other public benefit. Nor should new uses sterilise existing industrial uses.

4.17 Whilst the emphasis is on the retention of industrial and hi-tech uses, it is recognised that some uses such as "trade counters" and car showrooms already operate in these areas, and that other non-industrial (i.e. outside of former Class B) uses may be appropriate in these areas, subject to Policies TCS and TC5 dealing with the town-centre first approach for main town centre uses.

4.18 Further Masterplans will assist the regeneration of industrial land and identify opportunities for mixed use development. Where mixed use developments are approved, the delivery or enhancement of employment space will be required through phasing agreements and land equalisation measures.

Explanation

4.19 The Local Plan places very great emphasis on achieving urban regeneration to support economic growth and provide housing opportunities. Policy E3 sets out a supportive framework for employment uses that require a maritime location, particularly those related to harbourside and waterfront improvements and the fishing, tourism, and related marine industries.

4.20 Tor Bay is a beautiful natural harbour which provides a protected area of water for leisure, recreational, tourism and commercial use. The coastline and the harbours are a vitally important resource for the community and economy. Torquay, Paignton and Brixham each have working harbours, with Brixham Harbour being the largest fishing port in England and Wales, in terms of the value of catch.

4.21 The Bay is part of the Lyme Bay and Tor Bay Special Area of Conservation (SAC). Tor Bay is also designated as a Marine Conservation Zone (MCZ) and contains several geological Sites of Special Scientific Interest (SSSIs). The coastline provides a flood defence for low lying coastal areas.

4.22 Torbay's unique coastal setting offers potential to support economic regeneration through investment in marine-related development. A number of such projects are identified in the Tor Bay Harbour Authority Port Masterplan Addendum (2019). Accordingly, sites that are of importance to the marine economy will be safeguarded for such use.

4.23 All marine-related development must avoid harm to marine biodiversity, geodiversity, human health and the wider environment.

4.24 Proposals must demonstrate that air quality, noise, vibration and water quality impacts have been taken into account and that any such impacts are minimised and mitigated sufficiently. This includes physical impacts such as, contamination and non-toxic changes (for example to salinity, turbulence nutrients and organic matter), as well as minimising the impacts on wildlife through piling, noise or other disturbance. Many marine species are protected by wildlife legislation, and a licence may be required to carry out works affecting marine species or their habitats.

4.25 Marine related developments are likely to require an Environmental Impact Assessment (EIA) and Habitats Regulation Assessment (HRA) or screenings to be carried out at the application stage. Development that is likely to have a significant effect on the Lyme Bay and Torbay Marine SAC can not be permitted unless an Appropriate Assessment has ascertained that following mitigation, there is no adverse effect on the integrity of the site, taking a precautionary approach (see also Policies NCS1 and NCS2). Only as a last resort, in highly exceptional cases where there are no less harmful solutions, and the development is required for Imperative Reasons of Overriding Public Interest, will compensation for adverse impacts be permitted. Proposals likely to impact the protected features of the Torbay Marine Conservation Zone will require an MCZ assessment.

4.26 The council will work with the Marine Management Organisation when considering marine development, especially where developments may also require a Marine Licence.

4.27 Visual, cultural, historical and archaeological impacts should also be considered. Torbay has an important maritime history; all three harbours are recognised as designated heritage assets and form the focal point of their surrounding conservation areas. Policies HES and HE1 are relevant when considering historic assets.

4.28 Marine activities and development should not prejudice the interest of defence and national security, and the MoD should be consulted accordingly. Development will need to be safe over its planned lifetime and not cause or exacerbate flood and coastal erosion risk elsewhere.

Explanation

4.29 The Community and Corporate Plan and Economic Growth Strategy do not wish Torbay to become a commuting or retirement resort. It is therefore important that opportunities for employment are protected, and sufficient land retained to meet the demand of existing and new companies.

4.30 Whilst the number of people in Torbay with jobs has increased since 2001, the number of Torbay based workplace jobs has remained relatively static.

4.31 Torbay's high levels of deprivation stem primarily from low wages and poor employment prospects, rather than abnormally high property prices per se. The hi-tech elements of the local economy are identified by the Economic Growth Strategy as key to raising GVA. There is also a national dimension that such industries are important to the economic prosperity of the country especially in the face on uncertain global events.

4.32 Accordingly, Policy E4 seeks to retain employment space for employment purposes, subject to a "reasonable prospects" test. Applications for non-employment use must be supported by proportionate evidence that there is no reasonable prospect of employment use. This may include details of marketing including to the council, or seeking funding support for matters such servicing and infrastructure provision.

4.33 Where loss of employment is deemed acceptable in principle, a S106 obligation will be sought to compensate for the loss of employment and will be used to support the delivery of jobs, infrastructure or local training facilities elsewhere in Torbay.

4.34 Note that Policy E4 relates to a net loss of jobs. It will not be applied where proposals are likely to modernise or make better use of employment space, and are thereby likely to improve employment opportunities; although the council will still seek local skills and training agreements in line with Policy E5.

4.35 Policy E4 seeks to protect a stock of employment space broadly within the hi-tech and industrial uses. Proposals for the loss of employment within town centres, holiday accommodation or retail will be considered on the basis of policies in those sections of the Local Plan (see Policy TC7). However, where a non B2/B8/E(g) building located within an industrial area/trading estate becomes available, the council will seek to retain/revert its use for industrial on the basis of the above policy tests.

4.36 The council recognise that employment land enjoys a range of permitted development rights and that some changes of use fall outside of planning control.

Explanation

4.37 Policy E5 promotes local training arrangements, placements and apprenticeships, to maximise the benefits of development to the local economy. It is important that measures are put in place to support people in Torbay to learn and retain the skills needed by growing and new businesses.

4.38 The council recognise the role of key worker and self-build housing to strengthening links between work and skills, and housing. Policy H7 seeks a proportion of affordable housing to be provided on larger development sites.

4.39 The council is unable to require the use of local labour. However, it will encourage developers to employ local people where it is practical to do so. This is particularly the case in schemes where an element of 'exception' to planning policies is made in order to permit development. For example, developers will be encouraged to use employment and skills plans to better establish links between education and employment. Advice on the content and scope of Employment and Skills Plans is available from the Economy Team.

Part 2 - Tourism

Introduction

4.40 Torbay has a fantastic brand – the English Riviera – and is a world class tourism destination. In 2023, Tourism contributed over £431 million to Torbay's economy. Tourism accounts for about 15% of all employment in Torbay: about 6,520 full time equivalent jobs directly and a further 2100 FTE jobs indirectly. There are some very positive signs of a changing tide for tourism. The need to modernise the tourism sector and "Turn the Tide" on the decline that has beset may coastal resorts has been part of planning policy for several years. The tourism economy has been hit hard by the early 2020s and cost of living challenges. Despite this, there have been several hotels opened in Torbay over the last decade, which is likely to have led to a small increase serviced bedspaces (i.e. hotels and guesthouses) from around 13,300 in 2012 to 14,300 in 2023 (South West Research Company).

4.41 The Torbay Community and Corporate Plan notes that Tourism is a vital part of Torbay's identity and economy, and the Community and Corporate Plan recognises its role in creating inclusive opportunities. This section supports the Plan's ambition to make Torbay a premier destination while ensuring that all residents benefit from its success. By focusing on modernisation and investment in Core Tourism Investment Areas, the Local Plan aims to deliver high-quality experiences and facilities. This approach also supports year-round economic activity and community wellbeing.

4.42 Tourist accommodation is key to the success of tourist resorts. The English Riviera Destination Management Plan updates this strategy for 2022-30 and is part of the wider Torbay Economic Growth strategy. The Management Plan recommended a bedspace reduction of about 2% between 2022-27. This is currently being refreshed. However, the general approach of encouraging modern accommodation including hotels in prime locations whilst allowing change of use of less well located or outdated accommodation to residential use is likely to continue.

4.43 All three towns contain important Waterfront and harbourside areas. Brixham and Torquay also contain marinas. These are within the Core Tourism Investment Areas (CTIAs), and tourism, leisure maritime investment in these areas is supported. Brixham is a major fishing port and supporting the fishing industry is important to the Bay's economy, and relevant to its seafood specialism. Tor Bay is environmentally very important, being designated as a Marine Special Area of Conservation and National Nature Reserve. The Local Plan seeks to balance the internationally important environment with the area's economic needs.

4.44 The definition of "tourist" is not always straightforward. For the purpose of this chapter a tourist is defined as person or group visiting on a temporary basis and not staying in their sole place of abode. It can include domestic and international holiday makers, language students, business travellers and travelling workers (who have another home). It does not include people who have no other home. Accommodation for such people is likely to fall into Class C2 (if its purpose is to provide care), C3 dwelling house, C4 Small HMO, or Sui Generis (HMOs, hostels and other accommodation within its own class). Such uses are not tourist accommodation.

Explanation

4.45 Policy TOS provides a spatial context for the tourist economy. The Policy seeks to maintain and enhance the most important tourism areas as Core Tourism Investment Areas (CTIAs),which are shown on the Policies Map.

Policy TOS provides a supportive framework to tourism in general, particular within the designated Core Tourism Investment Areas. Tourism and leisure investment will be given substantial weight in CTIAs. Torbay's marinas are also included within the CTIAs. The Policy also recognises the need to focus on modernising the key areas, and the role that more marginal areas can play in providing a source of brownfield housing. Although it goes further than land use planning, CTIAs should be protected for tourism use by council wide decisions, including interdepartmental enforcement action on problem uses.

4.46 Torbay's tourism strategy is closely aligned with the Community and Corporate Plan's vision for a vibrant, inclusive and sustainable economy. By focusing investment in key waterfront and cultural areas, the Plan aims to enhance the visitor experience and support local businesses. It also recognises the importance of protecting the character of tourism areas while enabling regeneration. This balanced approach ensures long-term benefits for residents and visitors alike.

4.47 Not all areas within CTIAs are suitable or proposed for development. For example, they contain areas of significant natural or historic environment importance. This will need to be taken into account when considering proposals, particularly where they affect the Marine or South Hams Special Area of Conservation.

Explanation

4.48 Supporting existing facilities such as theatres, music venues, attractions etc, and promoting high quality all year round new facilities is vital to ensure a successful tourist economy. Policy TO1 provides an overarching policy to protect tourism and leisure facilities. Many tourism and leisure uses, including eating and drinking are "main town centre uses". Policy TO1 encourages the improvement and provision of such facilities in CTIAs. When considering proposals for such facilities, their value for the tourist economy will be an important material consideration.

4.49 However, policy TO2 recognises that some important leisure facilities are located outside of CTIAs and town centres, and sets a framework to protect them proportionate to their economic, environmental and cultural value. Areas such as Cockington, Occombe and Berry Head Country Parks are not designated as CTIAs, but have significant value for tourism because of their focus for rural crafts and green infrastructure. Policy GIS deals with policy in Country Parks. Significant attractions such as Kents Cavern and Babbacombe Model Village fall outside the boundaries of CTIAs.

4.50 Whilst the list is not exhaustive, the following attractions are considered to be of significant importance to Torbay's tourism offer:

• All of Torbay's beaches and waterfronts

• Babbacombe Model Village

• Babbacombe Cliff Railway

• Bygones, Babbacombe

• Cockington Manor, Crafts Centre and Country Park

• Kents Cavern, Torquay

• Torre Abbey

• Torquay Museum

• Hollywood Bowl

• Music venues in the harbourside and waterfront area (including but not limited to The Arena and The Foundry)

• Beacon Cove (former Living Coasts)

• Paignton Zoo

• Occombe Farm and valley

• Splashdown, Quaywest.

• Babbacombe, Princes, Little Palace Theatres

• UNESCO Geopark

• Dartmouth Steam Railway

• Golden Hinde replica, Brixham

• Battery Gardens and WW2 coastal defences

• Berry Head

4.51 It is noted that many of these attractions are also covered by other designations, in particular Kents Cavern, Torre Abbey, Battery Gardens and Berry Head fortifications are Scheduled Monuments. Berry Head is also particularly environmentally important as a Special Area of Conservation designated for its Greater Horseshoe Bat colony and calcareous grassland. The Local Plan proposes several Suitable Alternative Natural Greenspace to reduce recreational pressure on Berry Head. It is noted that Torbay's waters have important environmental constraints including the Marine SAC and important seagrass beds. Proposal must enhance and improve protection and interpretation of these assets. Where development in Torbay is likely to generate recreation pressure on Berry Head, developer contributions will be sought to provide mitigation, including to help fund suitable alternative natural greenspace (SANGs).

Explanation

4.52 Policy TO2 deals with proposals affecting Core Tourism Investment Areas. It reinforces the intention of Policy TO1 to retain CTIAs as the heart of Torbay's tourism offer. CTIAs were reviewed as part of the current Local Plan Update, but only small adjustments to the previous Local Plan 2012-30 were identified as being required at this time. A much more drastic reduction of CTIA boundaries took place as part of the preparation of the previous Torbay Local Plan 2012-30, (which also rebadged them from their former Principal Holiday Accommodation Areas). CTIAs account for less than 20% of Torbay's serviced accommodation, but do contain most of the key hotels.

4.53 It is noted that some parts of the CTIAs are in need of investment and regeneration. However, CTIAs are focussed upon Waterfront and key tourism locations whose success is critical to Torbay's tourism economy. Neglect or underinvestment will not be treated as a reason for granting permission for non-tourism uses. The prevailing use in these areas should be for tourism or leisure. Change of use or redevelopment for non-tourism purposes is likely to significantly and demonstrably conflict with the Local Plan unless it achieves substantial regeneration or other benefits. The council will support regeneration and tourism promotion in CTIAs. It will also target enforcement at unauthorised uses and development which detract from the character of these areas.

Explanation

4.54 The English Riviera Destination Management Plan recognises a continued need to reduce and modernise the stock of holiday accommodation, whilst retaining good quality accommodation and protecting the area's status as a premier resort. Whilst there remains a demand for a broad range of accommodation, evidence of occupancy suggests that there is scope to reduce the number of traditional guest house and small hotel type accommodation.

4.55 Policy TO3 deals with proposals outside designated CTIAs. It sets a much more relaxed approach to allowing change of use or redevelopment of holiday accommodation outside of CTIAs. However, where holiday accommodation offers a range of facilities not available elsewhere in the area, or is within a key tourist setting, Policy TO3 seeks to retain the holiday use. Instances where this is the case re likely to be relatively rare, but are likely to include the Former Palace Hotel, Babbacombe, where redevelopment of the Victorian Bishop's Palace and enabling residential development has been approved specifically to support retained tourism use.

4.56 Policy TO3 does not require proposals to show that they are not viable for tourism use (unlike in CTIAs, where a "reasonable prospects test remains in place). However, neglect or underinvestment will not on their own be sufficient reasons to grant planning permission away from tourism use. Conversely, outside of CTIAs, the council will consider the intrinsic merits of the property and location and will not penalise past investment in otherwise unexceptional accommodation.

4.57 Residential use of holiday apartments must provide an acceptable standard of accommodation, having regard to Policy SCS and DE3, and not introduce discordant uses into areas that retain a holiday function. The council's starting assumption is that residential uses and holiday uses can coexist, but Torbay's key industry is tourism and the introduction of residential uses into tourism areas should not place undue pressure on remaining tourism or leisure facing businesses to curtail their use.

4.58 Where a change of use results in the loss of employment, the council will seek s106 Planning Contributions to mitigate this impact, as set out in Policy TO7. This will be focussed on improving the tourism economy, and the character and appearance of the area.

4.59 Some hotels and guesthouses have accrued unsightly clutter, signage or extensions that would not be currently permitted. The removal of such features will be sought as a condition of granting planning permission for a change of use. This will be particularly relevant for proposals affecting conservation areas and listed buildings. Proposals for redevelopment should also take into account the historic environment policies in Chapter 10 of this Plan.

4.60 As a minimum, in all areas, cosmetic features such as signage and awnings should be removed when conversion to residential use takes place. Many hotels/holiday flats comprise Victorian buildings with large C20th extensions which were permitted because of their contribution to tourism rather than their design. Where feasible the council will seek to remove unsightly features such as flat roof extensions, box dormers etc, particularly in conservation areas. In many cases their replacement by more in-keeping buildings will be appropriate. However, it cannot be assumed that like-for-like replacement will be acceptable if the site has been over-developed when judged against modern standards. If the removal of unsightly features is considered to undermine the viability of development, an independent assessment of viability may be sought. The council will seek to negotiate an acceptable design solution that improves the visual appearance of the building, and may agree to relax other s106 Planning Obligations to assist viability.

Explanation

4.61 Some of Torbay's holiday accommodation is self-contained holiday apartments. South West Research Company figures suggest around 1130 units of self-catering accommodation, although this does not include Airbnb, second homes and other temporary use of residential accommodation for holiday use. The main approach of Policy TO4 is to allow greater flexibility of use outside CTIAs to use holiday apartments and accommodation either for residential or holiday use. Within CTIAs their holiday use will be regulated more closely.

4.62 Planning law on the status of holiday apartments is not entirely clear, and depends on a range of factors such as the range of facilities offered, degree of holiday use etc. Suites of rooms and even self-contained flatlets within hotels – often called "Apart hotels"- will fall within Class C1. However, holiday flats and dwellings used for holiday purposes typically fall within Use Class C3 "Dwellinghouses" in England. The government has proposed to introduce a new use class C5 for short term lets that are not used as a sole or main home, with likely permitted development rights for use of a dwelling (class C3) for limited short-term occupation. However, these changes have not (at November 2025) come into force.

4.63 Policy TO4 sets out criteria relating to proposals for holiday apartments, or for the removal of occupancy conditions/ change of use to allow holiday apartments to be used for full time occupancy.

4.64 Within Core Tourism Investment Areas, the starting point is that holiday accommodation should be conditioned for holiday occupancy (tourism) usually through planning condition or by making it clear that accommodation falls within Use Class C1 (and not C3 or sui generis). Unfettered occupancy within CTIAs will only be allowed where the relaxation would facilitate significant regeneration or other public benefits and unlock investment into the area. In such instances, regard will be had to possible "agent of change" issues and full residential use will not be approved where there this is likely to sterilise tourism use e.g. through noise complaints or objections to the operation of nearby tourism attractions, music or facilities. The council will need reasonable reassurance that it will not be called upon to pursue action that would undermine the reasonable tourism operations of tourism within CTIAs when considering proposals for residential use in CTIAs.

4.65 Outside of CTIAs, the council will not usually impose holiday occupancy restrictions on holiday apartments, other than in special circumstances: for example, where residential accommodation would not be otherwise approved. Such accommodation is likely to be liable for affordable housing and other residential S106 requirements and these will only be relaxed where a S106 is entered into undertaking to provide them in the event that holiday use ceases.

4.66 Where occupancy is restricted to tourism use, the council will require a monitoring contribution to ensure its occupation for tourism purposes.

Holiday Centres and Parks

Explanation

4.67 South West Tourism Company data indicates that in 2023 there were about 1740 static caravans or chalets in holiday parks, and 1290 touring pitches in Torbay. The facilities provided by holiday centres and parks offer an important source of holiday accommodation, particularly in Paignton and Brixham. As with serviced accommodation, there has been a general move to provide more modern facilities and accommodation in holiday parks. Holiday Parks fall outside of CTIA designations but are still important to the tourism industry. Policies TO5 and T06 set out considerations for proposals affecting holiday parks. They seek to support investment in existing parks, subject to landscape, ecological and other considerations.

4.68 Holiday parks tend to be located in countryside areas and other environmentally sensitive locations. The Local Plan recognises the need to modernise and upgrade facilities so that holiday parks continue to meet modern requirements. Accordingly, it seeks to support the investment in holiday parks subject to other environmental considerations. Brixham remains a popular destination for holiday parks. However, development in this area is already close to the boundary of the South Hams Special Area of Conservation and within the South Devon National Landscape. Accordingly, new uses or buildings will only be permitted where proposals have demonstrated that they would have no likely significant impact, alone or in combination on the South Hams SAC. This will also require mitigations of additional recreational pressure on Berry Head or the marine environment.

Explanation

4.69 It is noted that there has already been a significant fall in holiday park bedspaces over the last two decades, particularly in Brixham. It is anticipated that improvements in the quality and modernisation of chalets will result in the bulk of any further reduction in bedspaces, whilst improving the range of facilities offered. Policy TO6 deals with proposals to change the use, or redevelop, holiday parks to non-tourism uses.

4.70 Holiday parks have often been allowed in coastal and National Landscape (formerly AONB) locations particularly because they cater to the tourism economy. They have also evolved over many years, and their original planning status may be unclear. Accordingly, where development away from tourism is considered, the starting point should be that all, or the major part of such sites should revert back to open countryside or provide other landscape or ecological benefits.

4.71 The Local Plan also seeks to retain holiday parks in prime tourism locations or where the loss of facilities or tourism location would be harmful to Torbay's tourism offer.

4.72 This policy does not seek to resist the redevelopment of holiday parks that are allocated for residential use in the development plan (i.e. Kingskerswell Road, Torquay, H3T5 and H3T6).

Explanation

4.73 Policy TO7 recognises that tourism development can impact upon the need for infrastructure or create a monitoring need. Policy TO7 identified that S106 contributions will be sought to address this, where necessary to make development acceptable in planning terms. Particular regard needs to be given to mitigating the recreational impact on the South Hams Special Area of Conservation and the effect of marine tourist development on the Marine SA (see Policies NCS1 and NCS2).

4.74 Proposals involving the loss of tourism may result in a negative economic impact. In such instances a contribution may be sought to mitigate the loss of employment. This will be based on the net impact of proposals, and other public benefits such as improvements to the built or natural environment, or the creation of affordable housing will be taken into account in calculating the net impact of a proposal.

Part 3 - Economy, Tourism and Retail

Safe and Welcoming Town Centres for All (Town Centres and Retail Policies)

Introduction

4.75 The role of retailing and the town centres is rapidly changing, although the changes hitting town centres have been clear for some time. The rise of the internet has profoundly affected every aspect of town centres. Linked to this the rise in home working and parcel collection has increased the demand for neighbourhood centres. There is a need for town centres to adapt and diversity towards providing a range of commercial services and good quality accommodation.

4.76 In the context of the Local Plan and the Town Centre Regeneration Visions, there is a policy shift of moving the Primary Shopping Areas closer to the Harbourside and Waterfront areas. There is a need to make town centres places where people want to live, and providing a high-quality built environment, realising the potential of heritage assets, and reducing crime and the fear of crime are a key part of this strategy.

4.77 Many of these trends were apparent when the former Torbay Local Plan 2012-30 was being prepared, and therefore the Policies set out in this chapter represent an evolution in the previous plan's approach. A significant change is the council's transformational regeneration vision and programme, as well as the ambitious accommodation repurposing proposals. These provide a better chance of significant changes in the town centres being achieved in the Plan period.

The NPPF, Class E and Permitted Development Rights

4.78 Chapter 7 (paragraphs 90-95) of the NPPF (2024) reflects the changing role of town centres and promotes a much more flexible approach overall. Planning policies should continue to support the role of town centres and take a positive approach to their growth, management and adaptation. Plans should identify a hierarchy of town centres and promote their long-term viability, including allowing them to grow and diversity.

4.79 The NPPF defines town centres to mean city and town centres, district and local centres but excludes small parades of shops of purely neighbourhood significance. The NPPF defines Main Town Centre Uses as: Retail development (including warehouse clubs and factory outlet centres); leisure, entertainment and more intensive sport and recreation uses (including cinemas, restaurants, drive-through restaurants, bars and pubs, nightclubs, casinos, health and fitness centres, indoor bowling centres and bingo halls); offices; and arts, culture and tourism development (including theatres, museums, galleries and concert halls, hotels and conference facilities). Some, but not all, of these are in the wide-ranging commercial Use Class E. Some other main town centre uses may be in Class F1 Learning and non-residential institutions, F2 "Local Community Uses or Sui generis (within a class of their own).

4.80 Planning for town centres (and employment land) has undergone a major change through the introduction of a wide-ranging commercial Use Class E in August 2021. Class E covers a range of former "Class A" retail uses, as well as other leisure and entertainment uses. The government has also extended permitted development rights to convert commercial property into residential use, subject to a slimmed down "prior approval" mechanism. These changes reflect the changing nature of town centres away from being limited to retail shops, towards needing to embrace a much wider range of uses and housing. It heralds a less restrictive approach to town centre planning through the removal of many former traditional planning controls.

4.81 The NPPF requires Local Plans to designate "primary shopping areas" where a range of main town centre uses are supported. However, the concept of "primary shopping frontages" which should be reserved for retail shops along is no longer required by the NPPF.

The Community and Corporate Plan and Town Centre Regeneration Visions

4.82 The Torbay Community and Corporate Plan recognises that town centres are at the heart of Torbay's communities, and their regeneration is a key priority in the Community and Corporate Plan. This section outlines how the Local Plan supports safe, welcoming and economically vibrant centres through investment, diversification and improved public spaces. It reflects a shift towards mixed-use neighbourhoods and a more compact retail core. These changes aim to make town centres places where people want to live, work and visit.

4.83 The Community and Corporate Plan 2023-43 contains several priorities relevant to town centre regeneration and relevant to retail policy, including drawing investment into our town centres, partnering with the private sector to deliver major projects. These are set out in more detail in Chapter 1 of the Local Plan.

4.84 The regeneration visions for Torquay, Paignton and Brixham are central to delivering the Community and Corporate Plan's goals for inclusive growth and community wellbeing. These visions focus on improving housing, reducing deprivation, and enhancing the built environment. By drawing investment and creating safer, more attractive spaces, the Local Plan supports long-term transformation. It also promotes heritage, culture and public realm improvements as drivers of economic and social renewal.

4.85 The regeneration and improvement of town centres is central to the Local Plan. More details are available at: Growth and Regeneration - Torbay Council . Town Centre Place Visions. At the time of writing (September 2025) the Torquay Regeneration Vision (by Millican and Leonard Design) is the most advanced. It identifies the need to reduce the size of the retail core and strengthen the retail offer south of the GPO Roundabout (i.e. Strand and Fleet Street). Improvements to the public realm, reducing and anti-social behaviour around Castle Circus and changing the perception of the town away from a "Seaside Destination" towards being a vibrant coastal Town".

4.86 Key to the current Town Centres Chapter of the Local Plan is the consolidation to the retail core of the town towards the harbour area, and introducing more mixed-use neighbourhoods elsewhere in the town centre, with a substantial uptick in good quality housing. The need to reduce crime and the fear of crime in this town centre will be an important element of making the town centres safe and welcoming for all.

4.87 The Local Plan is supported by a detailed Retail Study carried out by Avison Young (2022). This replaces the former Study carried out in 2013. This contains a detailed assessment of Torbay's town centres, retail trends and policy implications. It makes detailed recommendations for each of the three town centres, and the district and Local Centres, which are reflected in the Plan.

Structure of this Chapter

4.88 Policy TCS sets out a town centres and regeneration strategy, which seeks to support the regeneration and renewal of town centres and to focus retail and commercial activity closer to harbourside and waterfront areas.

4.89 Policy TC1 sets a retail hierarchy. Torquay is proposed to remain the principal town centre and largest retail, and leisure centre in the Bay, as well as being a sub-regional retail and leisure destination. Paignton's role will support its key tourism role, Brixham will primarily support local needs as well as the town's food and leisure specialisms. The Plan also identifies District Centres at Preston, St Marychurch, The Willows and a new District Centre at Devonshire Park. It is recognised that The Willows and Devonshire Park have characteristics of an out of town retail parks and should accordingly be regulated. Nevertheless, they serve a retail role for nearby housing. Policy TC1 also sets out a network of local centres with more limited range of facilities than town and district centres. Some of Torbay's former Local Centres are of only neighbourhood significance and have therefore been reclassified as Neighbourhood Centres. Policies TC2-TC7 deal with proposals for main town centre uses.

4.90 Policy TC8 deals with S106 contributions to support town centre regeneration. These will be sought to mitigate the impacts of development that have an impact upon the three main town centres and are similar to loss of employment contributions.

4.91 Policy TC9 deals with crime and anti-social behaviour issues, especially relating to the evening and night-time economy.

Explanation

4.92 This Plan promotes a range of town centre redevelopments to provide new retail, leisure, residential and cultural facilities as part of mixed-use developments.  There is an urgent need to regenerate the town centre and make them attractive living and commercial environments. Masterplans and Regeneration Visions commissioned by the council will have a key role in 'place shaping' within each of the three town centres.

4.93 The town centres, harbourside and waterfront areas are likely to be suitable for a range of commercial and residential uses to support a prosperous Torbay. Regard will had to "agent of change issues" and the avoidance of incompatible developments that could undermine existing uses.

4.94 The Local Plan proposes a significant uptick in town centre housing, and the Retail Study indicates a shortfall in large town centre foodstores. There is a need to improve convenience provision, especially fresh food, in all three town centres, particularly Torquay and Paignton. In Brixham, the need is more "qualitative" in terms of reducing the need to travel though Windy Corner.

4.95 Accordingly, the Local Plan allocates sites for in-town convenience stores in the three towns. The need, size and location of these will be kept under review as part of the town centre regeneration visions. A medium size supermarket is generally between about 1500-2000 sq. m trading floorspace.

4.96 The three town centres are geographically spread out and there are opportunities to focus key town centre activities into a more compact and vibrant heart. In light of the need for town centres to take on a wider role, the "primary retail areas" have been reduced in size and shifted closer to the Waterfront and Harbourside areas. A partial exception to this is the lower part of Union Street Torquay (up to Market Street) where there is a concentration of larger retail units.

4.97 The NPPF simplifies the number of town centre designations by removing the requirement to designate primary and secondary frontages. Based on the Retail Study, the Local Plan has retained the previous town centre boundaries but amended "primary shopping areas" to reflect the areas of town centres that should be the focus of retail and commercial activity at ground floor.

4.98 All town centres contain historic elements, and regard needs to be had to conservation or enhancement of heritage assets and achieving a high-quality living environment.

4.99 Torbay Community and Corporate Plan – This strategy directly supports the Community and Corporate Plan's ambition to revitalise town centres and promote inclusive economic growth. By consolidating retail areas and encouraging mixed-use development, the Plan aims to create vibrant, resilient communities. Investment in public realm, housing and cultural assets will help make town centres more attractive and accessible. The strategy also supports safer environments and better access to essential services.

Table 10 Town Centre Hierarchy

Explanation

4.100 The Torbay Retail Study (2022) contains a detailed heath assessment of Torbay's town centres. Uses within all Torbay's centres are monitored annually.

4.101 Town centres are the most significant centres within the retail hierarchy in Torbay with large trade catchment areas. They will remain the focus for retail, commercial and other typical town centre-related activities. Torquay is the key town centre in terms of size and range of facilities, levels of investment etc. Paignton and Brixham are of a smaller scale and trading influence. A significant focus of the plan is to regenerate the town centres and increase the amount of high quality residential accommodation within them. The Local Plan seeks to locate major proposals for main town centre uses in the Town Centres where possible.

4.102 District centres offer a good range of retail facilities and related services but to a more localised catchment area.  Whilst Preston and St Marychurch are traditional district centres, with significant numbers of local traders; the Willows and Devonshire Park have characteristics of out-of- centre retail locations.

4.103 A fresh review of Torbay's existing local centres has been undertaken in the light of advice in the NPPF that "small parades of shops of purely neighbourhood significance" are unlikely to constitute "town centres". Accordingly, the number of local centres has been reduced and the number designated as neighbourhood centres increased. Local Centres are the smallest designated centre (referred to as a "town centre" in the NPPF) with a position in the retail hierarchy. As a general rule, stores of no more than about 1600 sq m (net) floor area are likely to be the maximum that is appropriate to a local centre.

4.104 Neighbourhood Centres are the most localised designation, and contain shops and other facilities of purely neighbourhood significance. They serve an important role in providing access to neighbourhood services and top-up items. They are outside of the retail hierarchy for major retail or other main town centre uses. As a general rule, proposals of more than 280 sq m (net) will be treated as being of more than local significance.

Explanation

4.105 Policy TC 2 supports the roles of the three town centres as key parts of Torbay's town centre hierarchy. Torquay will remain the main town centre and heart of the English Riviera. Paignton's role as the leading family tourism destination, and Brixham's specialist role as food and maritime port will be supported and enhanced. Town Centre Regeneration Visions will be key to bringing forward proposals in these areas.

4.106 The Local Plan identifies a need to improve foodstore provision in town centres. They should be brought forward in conjunction with the Town Centre Regeneration Visions and have regard for the complex infrastructure, viability and competing uses within these areas. The following guidelines will apply to the location of convenience stores:

• Torquay: 1500-2,000 sq. m (Lymington Road, former New Look or Fleet Walk).

• Paignton: 1200-1,600sq. m (Victoria Centre)

• Brixham: There is a qualitative need to reduce the need to travel out of Brixham. (Ideally in the town centre, although Monksbridge if suitable town centre mitigation is provided).

Explanation

4.107 District Centres are of town significance and intended to provide a range of retail and service facilities able to meet most needs. St Marychurch District Centre has a strong tourism and heritage role, being located close to several tourist facilities. Preston District Centre is located in an area where there is scope to densify the built-up area and contains several brownfield regeneration sites (See Policy SDP3). It will be important to maintain retail and other facilities serving those communities.

4.108 Both the Willows and the proposed new District Centre at Devonshire Park have characteristics of out-of-town retail parks. The Willows at Scotts Bridge Barton (and nearby out of centre retail stores) was developed in the early 1990s as part of the urban extension which is now Scotts Bridge/Barton. The centre (and nearby out of centre stores) serves a sub-regional role and has a significant trade draw from the town centre. It is proposed to make the recently developed Devonshire Park a District Centre. Although there is an element of reactive planning, the location serves an area of significant recent residential expansion and planned future growth. It has good links with South Devon College and other employment.

4.109 Accordingly, Policy TC3 recognises the potential impact that major development in these centres could have on the town centres and other District Centres, and therefore seeks to regulate growth in these areas to minimise adverse impacts. The threshold for determining a "significantly adverse "impact on town centres requires a planning judgement. In assessing this, the identified retail capacity, trade draw from the town centre, and qualitative factors such as the range of facilities available in the town centres will be considered.

4.110 It is recognised that the Internet is now also affecting out of town centre retail. As Class E uses the stores could become a range of other class E uses. However, this is likely to require planning permission due to conditions imposed on permitted use and nature of goods sold at The Willows and Devonshire Park.

Explanation

4.111 Local centres are the lowest tier of the retail hierarchy and the smallest centres that the NPPF refers to as "Town Centres". They are primarily intended to help serve day-to-day needs. As such the size of stores appropriate to these centres is likely to be limited. New major development (i.e. with a floorspace of 1,000 sq m or more) is likely to be more appropriately located in Town or District Centres.

4.112 Nationally the increase in home-working and "click and collect" locations has helped maintain the purpose of smaller centres and it is proposed to maintain Local Centres. However, more substantial growth should be directed to higher order centres where possible.

4.113 On that basis, and as advised by the Torbay retail study, proposals of more than 500 sq m of new Main Town Centre use floorspace should be supported by a sequential and impact test, to demonstrate that they would not have a significant adverse effect on town centre investment or vitality and viability.

Table 11 Neighbourhood Centres

Category	Centres
Neighbourhood Centres (not part of the retail hierarchy)	1. Maidencombe Cross (proposed) 2. Moor Lane, Watcombe 3. Fore Street, Barton 4. Upton Road, Upton 5. Sherwell Valley Road, Chelston 6. Ellacombe 7. Roundhill Road, Livermead
Former Local Centres redesignated as Neighbourhood Centres (not part of the retail hierarchy)	8. Cadewell Lane, Shiphay 9. Babbacombe 10. Old Mill Road, Chelston 11. Walnut Road, Chelston 12. Lucius Street 13. Belgrave Road 14. Higher Union Street, Torre 15. Wellswood 16. Lisburne Square, Torwood 17. Barton Hill Road, Barton 18. Preston Down Road 19. Collaton St Mary (proposed) 20. Marldon Road 21. Foxhole 22. Cherrybrook Square 23. Churston Broadway 24. Three Beaches, Goodrington 25. Pillar Avenue 26. Summercourt Way

Explanation

4.114 Policy TC5 deals with proposals for retail and other main town centre uses outside of designated Town Centre, District Centre or Local Centres. (Collectively called town centres by the NPPF). Policy TC5 applies a sequential and impacts test for considering out of centre (and neighbourhood centre) proposals.

4.115 There are some local specific circumstances that justify a local bespoke policy beyond the NPPF. Firstly, the Retail Study identifies the town centres as being vulnerable to relatively modest out of town centre proposals, and therefore recommends a threshold of 500 sq. m. (rather than the NPPF default figure of 2,500 sq. m).

4.116 The NPPF indicated that "references to town centres or centres apply to city, town , district and local centres but excludes small parages of shops or purely neighbourhood significance. Torbay's centres have been reviewed, and those of "purely neighbourhood significance" have been redesignated as Neighbourhood Centres. These do not have a role in the retail hierarchy in relation to the sequential preference for main town centre uses. However, they still serve a localised role in meeting day to day needs, and policy TC5 seeks to support development that will help them meet that need (insofar as the matter falls within planning control).

4.117 As a major tourism resort some "Main Town Centre Uses" such as food and drink, hotels, cultural facilities etc.) will often be appropriate within Core Tourism Investment Areas even though these (partly) fall outside main town centres. In such instances proposals will not be required to demonstrate a sequential or impact test. However, it may be necessary to restrict use to a range of uses appropriate to CTIA locations rather than the full gamut of Class E uses.

Explanation

4.118 Policy TC6 provides support for small out of centre shops. Where more than 1km from other shops these fall within Use Class F2 where their premises is less than 280 sq. m. The Town and Country Planning Use Classes Order (1987) as amended in 2020 and 2021 limit the size of store by "premises" and not trading floor area. The council will take this to mean the gross internal area (also called "gross retail floorspace) which is the total built floor area occupied by a retailer or retailers, and excludes out door display, storage or sales areas).

Proposals involving the loss of retail or main town centre uses.

Explanation

4.119 Policy TC7 seeks to retain ground floor commercial uses in town district and local centres. The policy does not restrict residential or other uses on upper floors, subject to amenity considerations. The policy must operate within the scope of permitted development rights, but as a general rule, active commercial frontages should be maintained in town centre areas.

4.120 As noted, the introduction of Use Class E, changed to permitted development rights, amendments to national planning policy, and changing shopping patterns remove the traditional role of retail policies to keep town centre as the preserve of Class A1 shops. Nevertheless, town centres and particularly the primary shopping areas should remain and be enhanced as the focus of retail, leisure, commercial and cultural activity. This will also assist in their regeneration as vibrant places where people want to live. Policy TC7 seeks to provide a flexible framework that supports the retention of a range of retail and main town centre uses in the town centres, whilst also encouraging increased residential use.

4.121 Policy TC7 incorporates an "agent of change" principle that new development should not lead to a sterilisation of longstanding existing uses. This is particularly important in Waterfront and other areas where the night-time economy operates (see also paragraph 200 of the (2024) NPPF). Residential development should comply with other Policies in the Plan, particularly design and housing policies.  Ground floor residential uses should not create 'dead frontages' in the street scene and are therefore more likely to be appropriate in the peripheral areas of town centres.

4.122 It is important that district, local centres retain a mix of uses that provide a useful service to local communities.

Explanation

4.123 Policy TC8 seeks to retain local-food stores and other small scale facilities such as hair salons, pubs and cafes in neighbourhood centres and out of centre locations. However, it is recognised that these can also provide new homes. The Local Plan seeks to allow change of use or redevelopment of such areas, so long as alternative provision is available within moderate walking distance (400 m) in the case of shops meting local needs. It seeks to resist changes of use that would leave neighbourhood isolated or dependent upon car travel to meet "top up" needs. Policy TC8 does not refer to the Use Classes Order, but greatest attention will be given to protecting small shops selling essential items, particularly food (whether within Class E or Class F(2).

Explanation

4.124 The NPPF indicates that proposals that have a "significant adverse" impact on town centre investment, vitality and viability, choice and trade, should be refused. There is no hard and fast rule about the scale of trade-draw (i.e. the amount of retail spend diverted away from a centre by a new proposal) should be considered as "significant adverse" but the council considers that impacts of more than around 4% are likely to be "significant".

4.125 However, there will be instances where the Local Planning Authority is minded to approved proposals that have an impact on town centres: either because they consider the scale or nature of impact to be less than significantly adverse, or because of other material considerations. This could include matters such the improvement of residential amenity, reduction on deprivation or the provision of affordable housing.

4.126 In such instances, the council will seek planning contributions to mitigate the impact. The starting point for assessing these will be the scale of impact measured over five years. This will be used to support the Town Centre Vision or other regeneration proposals.

Explanation

4.127 The evening and nighttime offer in Torbay is currently focused on the harbourside and waterfront areas of the three towns.  There is a need to diversify the offer in these areas to create a more balanced range of facilities with a more family friendly appeal.  There is also a need for the town centres to diversify their current day time offer, and to extend their times of patronage, creating a more vibrant environment, with a wider range of uses, including cultural and family based activities.

4.128 It is intended that future developments will create town centre, waterfront and harbour areas that can be accessed by all groups in the day and night without fear of intimidation or conflict. 

4.129 While there are opportunities and benefits to expand the evening and nighttime economies, there are also associated potential problems including alcohol-related crime and disorder, and noise nuisance.  Perceived risks may discourage other groups such as older people and families from entering these areas at night. 

4.130 The Local Plan seeks to expand the number of homes in town centres, particularly in mixed use residential neighbourhoods. While town centre residents must accept, and may well welcome, the noise and bustle of town centre living, their residential amenity must be respected, particularly very late at night. This sector needs careful management. The award of the "Purple Flag" for the effective management of the nighttime economy is a significant accolade. This requires ongoing management to ensure it is retained, for example to keep public toilets open and clean, clear up litter, provide policing and pastoral support.  Where planning applications come forward which could put demands on these matters they will be required to make appropriate contributions towards CCTV, town centre monitoring and policing, and engage with strategies and initiatives to mitigate the cumulative impact of venues.

4.131 Torquay and Paigton Town Centres in particular contain concentrations of deprivation, which is in part driven by a poor-quality accommodation. Improved safe and regulated accommodation is needed for homeless people on Factory Row, and some of the accommodation close to the town centre. The renovation of buildings, improved streetscape and community capacity building will be supported where this would help regenerate areas of deprivation.

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