Torbay Local Plan Regulation 19 Publication Version and Consultation

Explanation

9.1The local landscape setting as a crucial part of the identity and value of Torbay. Conserving the setting of our villages, towns, and protecting the South Devon National Landscape, is a central consideration in approving or refusing permission for new development.

Explanation

9.2The open countryside of Torbay is a fundamental part of the sub-region’s identity and a major component of the Bay’s tourism offer. It provides amenity value and a range of recreational opportunities and is an integral part of the Bay’s economy.

9.3The Local Plan strikes a careful balance between protecting the integrity and character of the countryside whilst allowing development that is vital to the support of sustainable communities, such as rural exceptions affordable housing, and self-build schemes (see Policies H8 and H9) and the rural economy.

9.4The Countryside Area is shown on the Policies Map and has been defined for the following reasons:

1. To identify the countryside around Torbay as a finite resource and to encourage its best use;
2. To safeguard Torbay from further urban sprawl and maintain important green wedges;
3. To prevent the main urban areas of Torbay from merging with each other and neighbouring settlements;
4. To preserve the special character of the towns and villages within Torbay’s overall landscape setting;
5. To recognise the need to adapt to changing demands in the countryside around Torbay and priorities for development;
6. To concentrate building development within the urban area and prevent the unnecessary spread of inappropriate uses into the countryside; and
7. To maintain a connected network of landscape features to provide Green Infrastructure

9.5Much of the rural hinterland will be covered by other designations including country parks other landscape designations as well as our best and most versatile agricultural land (Policy SC4). Proposals for development will be considered in the context of the Torbay Landscape Character Assessment which identifies the key characteristics to protect, conserve or enhance those features which contribute to a particular distinctive character.

9.6Different towns and urban areas in Torbay have very distinct identities that should be protected and wherever possible enhanced. Strategic green wedges are important to prevent urban coalescence and retain the valuable landscape setting that is characteristic of Torbay’s urban areas. About a quarter of the Countryside Area is also overlaid by the nationally important National Landscape (AONB) (Policy L2), and 40% is designated as undeveloped coast (Policy L3) and form part of the Strategic Local Nature Recovery Network (LNRN).

9.7The Local Plan Update provides an opportunity to identify areas of non-coalescence, on the Policies Map, which would seek to retain a rural and open character of the land, and/or protect the separate identity of settlements (both existing and allocated).

Explanation

9.8National Landscapes (formerly known as Area of Outstanding Natural Beauty- AONBs) are designated in recognition of the outstanding qualities of their ‘natural beauty’ under the National Parks and Access to the Countryside Act 1949. They contain the most beautiful, spectacular, and dramatic areas of countryside and form landscapes of national importance with designation conferring the highest status for the conservation of landscape and scenic beauty.

9.9The Levelling Up and Regeneration Act (2023) amended Section 85 of the Countryside and Rights of Way Act 2000^[1], which means that rather than ‘have regard to’, relevant authorities (including the Local Planning Authority) must ‘further the purposes’ of Protected Landscapes of conserving and enhancing the natural beauty[2] of the National Landscape (NL). Each component of natural beauty identifies what is special about the landscape and should be afforded ‘great weight’ in planning decisions. Reference to the South Devon National Landscape (SDNL) Management Plan is a key tool to ensure that public bodies are meeting their duty and reference to the special qualities which define the unique ‘natural beauty’ for which the SDNL is designated. The SDNL Management Plan’s policies and the special qualities (summarised below) of the SDNL establish criteria against which policy and actions can be assessed for compliance with the duty:

1. Fine, undeveloped, wild and rugged coastline
2. Ria estuaries (drowned river valleys), steep combes and a network of associated watercourses
3. Deeply rural rolling patchwork agricultural landscape
4. Deeply incised landscape that is intimate, hidden and secretive away from the plateau tops
5. Iconic wide, unspoilt and expansive panoramic views
6.  A landscape with a rich time depth and a wealth of historic features and cultural associations
7. Areas of high tranquillity, natural nightscapes, distinctive natural soundscapes and visible movement
8. A breadth and depth of significant habitats, species and associated natural events
9. An ancient and intricate network of winding lanes, paths and recreational routes
10. A variety in the setting to the SDNL (AONB) formed by the marine environment

9.10The SDNL Management and Delivery Plan sets out externally funded projects and identifies the key planned actions delivered by partners that contribute towards the conservation and enhancement of the South Devon National Landscape. Where residual harm results from new development, mitigation measures may include a request for planning contributions towards achieving relevant projects.

Explanation

9.11Policy L3 deals with landscape and related matters to do with the coast. Policy ER7 Coastal Change Management Areas, deals with issues such as shoreline management, flooding and land stability which are associated with development in coastal areas.

9.12The mean low water mark defines the limits within which Torbay Council has a statutory power to control the development and use of land. The coast is significant from an environmental, economic and social perspective and adds greatly to the quality of life for Torbay’s residents. The scenic beauty, natural setting and seascape underpin Torbay’s popularity as a place to live, work and visit and so it is important to protect the intrinsic landscape character of the undeveloped coast for its own sake, and as a significant, finite resource. The quality of life and distinctive local identity is enhanced by a large number of accessible award-winning bathing beaches and three harbours, which form an important recreational and amenity resource. The South West Coast Path extends along Torbay’s coastline, providing an attractive environment for walking and wheeling which is a popular tourist draw.

9.13It is important that the qualities of the coastline are conserved for future generations, in particular the important areas of undeveloped coastline which extend landward to include areas that maintain a coastal character, and are within the visual envelope to and from the seaward side. Developments will only be permitted along the undeveloped coast to provide facilities for activities appropriate to the location, such as low-key rural tourism or recreation uses, where their introduction does not harm the scenic qualities and prevailing character, and any built development is kept to a minimum.

9.14Consideration should be given to whether there are alternative locations where the development could feasibly be located, away from the undeveloped coast. The Torbay Landscape Character Assessment (LCA) identifies a number of coastal landscape character types which incorporate the majority of the land within the undeveloped coast. The LCA should be used (in combination with any seascape analysis) as a basis for assessing the character and sensitivity of the area and its ability to accommodate new development. This will include parts of the developed coast where the LCA has identified ‘undeveloped’ maritime cliffs, open coastal plateau and low lying beaches, offshore islands and a new landscape type: Harbours, ports and marinas. Development should consider the valued landscape attributes and landscape guidelines.

Explanation

9.15There is no single definition of a valued landscape, however, legal decisions have tended to say that to be a ‘valued landscape’, there should be some local distinctiveness, special quality, or feature, rather than solely being ‘valued’ by local people. It will be a matter of planning judgement whether or not land forms part of a valued landscape, the council considers that the following are likely to qualify as valued landscapes which include but are not limited to: the South Devon National Landscape and its setting, undeveloped coast, land within or in the setting of a designated heritage asset, urban landscapes such as Local Green Spaces (LGS) and Urban Landscape Protection Areas (ULPAs).

9.16The LCA provides additional advice on whether areas of landscape are likely to be considered as ‘valued’.

Explanation

9.17These enclaves of special landscape quality set in or bordering the urban areas (some of which also skirt the coastal fringe) vary in size and make a considerable contribution to the environment in a variety of ways. Taken as a whole these protected urban landscape areas form a valuable part of Torbay’s green infrastructure (see Policy GIS) and help ensure a healthy Bay (see Policy SC1). They are considered to form ‘valued landscapes’.

9.18Some ULPAs act as local vantage points, some as amenity open space, some as green spaces that provide a natural and visual break within the local (urban) townscape and others as landmarks in the local scene. In some cases they perform all four roles. Designated ULPAs include both publicly owned/publicly accessible and privately owned/non-accessible sites. Some ULPAs are also of ecological significance and some have been subsequently allocated as Local Green Spaces (LGSs) in Neighbourhood Plans.

9.19The preparation of an updated Local Plan offers the opportunity to review the designated ULPAs and provide further clarity and guidance in relation to these sites.

Explanation

9.20The Neighbourhood Forums have included a number of Local Green Spaces that are green spaces that are demonstrably special to a local community. Designation should be consistent with the local planning of sustainable development and complement investment in sufficient homes, jobs and other essential services and be capable of enduring beyond the end of the plan period. Local Green Space must be reasonably close to the community it serves; have demonstrable local significance and interest; be local in character; and not cover an extensive tract of land. Local Green Spaces are designated in the made (adopted 2019) Torquay Neighbourhood Plan (99 LGS see Policy TE2 - Local Green Spaces), Paignton Neighbourhood Plan (53 LGS - Policy PNP1 and PNP1(a)PGLS) and the Brixham Peninsula Neighbourhood Plan (17 LGS - Policy E4: Local Green Spaces).

9.21Consideration of development proposals within a Local Green Space should be consistent with national policy for Green Belts (excluding provisions relating to ‘grey belt’ and previously developed land).

Explanation

9.22This policy aims to deliver strategic scale expansion of green landscape features and to ensure tree, woodland and other landscape features are protected, and where this is not possible suitable mitigation is provided.

9.23Woodlands, trees and hedgerows can form important landscape features as well as providing valuable habitats and wildlife corridors.

9.24Woodlands form traditional elements of the countryside or important islands of natural habitat within Torbay’s urban areas. Once lost, this part of our heritage cannot be replaced.

9.25Hedgerows, many of which are of traditional Devon Bank construction, are important elements within the landscape of Torbay. They can function as wildlife corridors linking wildlife sites. Hedges can also form very ancient land boundaries and may preserve historically important artifacts. A quarter of Devon’s hedges are more than 800 years old. For these reasons, it is important that significant hedgerows are retained and their appropriate retention will be secured by planning conditions.

9.26Established hedges have substantially more historic and environmental value than new hedges, which take time to mature and do not reflect historic enclosure patterns. Therefore, existing hedges should be retained wherever possible. This is particularly important where they form part of Greater Horseshoe Bat commuting routes identified in Policy NCS2. Maintenance of hedgerows may be essential to maintain the integrity of the South Hams SAC and must be considered at an early stage of the planning process, in accordance with Policies NCS2 and NC1.

Explanation

9.27Trees provide significant environmental benefits and are especially valuable in urban areas. Beyond their intrinsic beauty, they help soften the impact of development, enhance the quality of our streets, and create a green framework for towns. Trees can be important both individually and in groups, and in some parts of Torbay, they are a defining feature of the local character.

9.28Orchards form an important part of green infrastructure and local heritage, as well as supporting sustainable food production. Traditional orchards are a priority habitat, and the Council has a statutory duty to conserve and enhance such habitats. Proposals affecting orchards will be assessed against Policies GIS, THS, and SC4.

9.29Trees can be perceived negatively when located close to properties, where they can obstruct views, reduce light, or create maintenance and safety concerns. Development will not be supported if it is incompatible with the retention of trees. Proposals affecting trees will be carefully considered to ensure trees which are to remain do not cause unreasonable inconvenience to future occupiers.

9.30Construction can easily damage tree roots through compaction or excavation. When determining planning applications, it is essential to ensure that construction activities do not occur in close proximity to trees in ways that could cause harm.

9.31Trees will be safeguarded through planning conditions attached to development consents. These conditions may specify measures to protect trees during and after construction. Such conditions will be applied wherever trees of amenity value are adjacent to development. New planting should aim to enhance existing habitats, create new ones, or provide shelter belts.

9.32Tree Preservation Orders (TPOs) may be used to protect trees of amenity value and prevent their removal. TPOs can apply to individual trees, groups, or entire areas. Torbay benefits from a rich legacy of trees, many of which are already protected by TPOs. Similar protections apply to trees within conservation areas, where there is generally a presumption against felling unless there are sound reasons for doing so.

Explanation

9.33rees and other planting deliver a wide range of benefits, including wildlife habitat, urban cooling to help address climate change, adding maturity to new developments, softening and enhancing built form, providing screening and shade, reducing stormwater run-off, improving visual amenity, and supporting health and well-being.

9.34New trees and planting can contribute to the government’s 25 Year Environment Plan, the UK’s efforts to hit net zero carbon emissions by 2050, biodiversity net gain and the Devon Tree and Woodland Strategy goal of achieving 20% tree cover in Torbay.

9.35The tree and hedgerow compensation standard in this policy provides an indicative mechanism to determine the appropriate level of mitigation for loss of trees and hedgerows. Mitigation will be determined on a case-by-case basis in consultation with the Council’s tree officer. The council’s preference is for on-site replacement in suitable locations, secured through planning conditions however, for small scale householder development, off-site mitigation may be more appropriate.

9.36Where off-site planting is justified, this should be preferentially be provided on public land or locations identified through the Devon Local Nature Recovery Strategy and will be secured via planning obligations.

9.37Replacement planting and hedgerow creation required under this policy provide mitigation for the loss of existing features and are separate from statutory Biodiversity Net Gain requirements. While such measures may contribute towards Biodiversity Net Gain and assist compliance with Policy NC3, they do not remove the need to provide mitigation required under this policy. The requirements of this policy will continue to apply to development that is exempt from Biodiversity Net Gain requirements.

9.38The council is committed to increasing the overall tree cover wherever possible. Opportunities for new tree planting should be explored in all development proposals. Planting schemes for public spaces and highways should include only native species that occur naturally in the locality, unless arboricultural or other considerations mean native species are not appropriate.

9.39Where new tree planting is proposed (whether to compensate for losses on- site or as enhancement), the quantity, location and species selection of new trees will be expected to take practicable opportunities to meet the following five Tree Planting Principles:

• Create habitat and, if possible, connect the development site to the Strategic Green Infrastructure Network; and
• Assist in reducing or mitigating run-off and flood risk on the development site; and
• Assist in providing shade and shelter to address urban cooling, and in turn assist in mitigating against the effects of climate change; and
• Create a strong landscaping framework to either (a) enclose or mitigate the visual impact of a development or (b) create new and enhanced landscape, or both; and
• Be of an appropriate species for the site.

Explanation

9.40Biodiversity is fundamental to our health, wellbeing, and economic prosperity. ‘Biodiversity’ means the variety of wild plants, animals, and their habitats, and also includes geological and geomorphological features. A healthy, resilient natural environment is a key asset for Torbay, contributing to its sense of place, tourism appeal, economy, and overall environmental quality. Biodiversity is also an essential consideration in achieving high-quality design.

9.41The importance of biodiversity is increasingly recognised by government, reflected in the Environment Act 2021 and the 25 Year Environment Plan. Torbay contains internationally, nationally, and locally designated nature conservation sites, shown on the Policies Map, which support a wide range of species. In 2024, the Torbay Climate Partnership approved the Greener Way for Our Bay Framework and Action Plan (GWFOB), which sets out a pathway for Torbay to achieve net zero carbon by 2050. The framework identifies ten key priorities, including “enjoying and protecting our marine and natural environment.” The nature conservation policies within this Local Plan align with the objectives of the GWFOB and will play an important role in supporting its delivery, particularly through the protection and enhancement of biodiversity and designated sites.

9.42The Devon Local Nature Recovery Strategy (LNRS) forms part of the evidence base for this Plan. Development proposals should have regard to the Devon, Plymouth and Torbay Local Nature Recovery Strategy and any local biodiversity evidence relating to target habitats and species. The Council will have regard to the LNRS priorities and mapped High Opportunity Areas when planning for biodiversity conservation, enhancement and recovery.

9.43Landscape, biodiversity, and green infrastructure mitigation packages will be informed by these strategies and evidence. The Council will require no overall detriment and will seek net gains for the natural environment in line with the NPPF. Policy. Mitigation cannot compensate for intrinsically unsuitable development (see Policy NC1). High-quality bathing waters are also a key ecological and tourism asset; Policies ER2, ER3, and W5 aim to minimise wastewater impacts, including restricting new surface water connections to combined sewers.

9.44Landscape can also be man-made and there is an interrelationship between the historic and natural environment for example when considering hedgerows, field patterns and other naturalised features (see Policies GIS and HES).

Explanation

9.45As a Competent Authority, the planning authority must carry out Habitats Regulations Assessments (HRA) in accordance with the Conservation of Habitats and Species Regulations 2017 (as amended). Torbay currently contains two internationally important habitats sites: the South Hams SAC and the Lyme Bay and Torbay Marine SAC.

9.46 All plans and projects not directly connected with the conservation management of a habitats site require HRA Screening to assess potential significant effects. Where significant effects cannot be ruled out, an Appropriate Assessment must be undertaken. Planning permission can only be granted where adverse effects on site integrity are excluded, or where there are imperative reasons of overriding public interest and adequate compensatory measures are secured.

9.47Sites protected under the Conservation of Habitats and Species Regulations 2017 consist of:

• Special Areas of Conservation (SAC);
• Special Protection Areas (SPA);
• Proposed SACs;
• Potential SPAs;
• Areas secured as sites compensating for damage to a European site.

9.48In addition to the Local Plan, the Council has prepared HRA guidance documents and strategies to support a consistent strategic approach to mitigation and reduce unnecessary duplication in assessment. Plans and projects should have regard to these documents, where relevant, alongside applicable Natural England guidance.

9.49South Hams SAC: The Berry Head to Sharkham Point component of the South Hams SAC forms part of the UK’s national site network and is designated for its heathland, calcareous grassland, vegetated sea cliffs and caves. These habitats are of importance for conservation at a European level and are listed under Annex I of the Habitats Directive (Council Directive 92/43/EEC). Berry Head is also designated as a Site of Special Scientific Interest (SSSI) and National Nature Reserve. The habitats at Berry Head are vulnerable to degradation through erosion by walkers and eutrophication through dog fouling, in addition to scrub encroachment.

9.50A visitor survey in 2023 found that 75% of visitors to Berry Head came directly from home within 8 km of the site, compared to 5 km in 2016. This indicates that the primary Zone of Influence (ZoI) for recreational impacts on Berry Head is an 8 km radius (Figure 21).

9.51Significant effects from increased recreation due to the development of housing or tourist accommodation within the Zone of Influence (ZoI) cannot be ruled out and mitigation measures will be necessary.

9.52The council, in collaboration with stakeholders, will develop a detailed Berry Head Management Plan including mitigation measures and associated cost estimates. A Supplementary Planning Document (SPD) or planning guidance note will set out the mitigation costs and the mechanism for securing developer contributions.

9.53The South Hams SAC is also designated for Greater Horseshoe Bats (GHB), one of Britain’s rarest bat species. Greater Horseshoe Bats use hedgerows (including remnant hedges and veteran trees) as flyways.

9.54Greater Horseshoe Bats have only short-range echolocation, which means they must fly close to the ground and linear features, such as hedges, woodland edges, and vegetated watercourses. They actively avoid light levels above moonlight. As a result, development must protect natural features that provide landscape connectivity and avoid lighting that deters bats. The bats use a variety of different roosts at different times of the year, including maternity and hibernation roosts. They feed in different habitats throughout the year, depending on seasonality of prey, typically foraging up to 4km from the roost as an adult. This 4km radius is used to determine the “Sustenance Zones” around roosts, although they will travel further when moving between different roosts. Juveniles typically only forage within 1 km of the roost in their first summer, so foraging habitat close to maternity roosts is particularly important. Hibernating bats are known to feed less frequently and within shorter distances during winter months.

9.55The Torbay Greater Horseshoe Bat Evidence Study (2026) found that the Berry Head roost is constrained by the sea, the built-up area of Brixham and a limited number of commuting routes. The study identifies a Core Sustenance Zone around the roost, together with areas of Very High, High and Low suitability habitat, to reflect their relative importance to the SAC bat population. Within the Core Sustenance Zone, maintaining habitat extent, quality, connectivity and dark commuting routes is particularly important. The study found that habitats close to the roost and key commuting corridors make a disproportionate contribution to maintaining the integrity of the South Hams SAC population.

9.56The study also identified a series of pinch points where commuting routes are constrained by existing development, topography or other barriers. These areas are especially sensitive to further habitat loss, severance or illumination because there may be limited alternative routes available to Greater Horseshoe Bats.

9.57The council has jointly adopted the South Hams SAC Habitats Regulations Assessment Guidance. The guidance assists those submitting planning applications for development that could have an adverse effect on the integrity of the South Hams SAC Greater Horseshoe Bat population. The document identifies a Consultation Zone which includes roosts, Sustenance Zones, Landscape Connectivity Zone, pinch points and existing mitigation features required for previous developments.

9.58Changes in land management or habitat condition affecting habitat used by Greater Horseshoe Bats may be a material consideration in the assessment of planning applications and Habitats Regulations Assessment. The deliberate degradation, fragmentation or alteration of habitat which supports, or is likely to support, the South Hams SAC Greater Horseshoe Bat population, including changes to grazing management, may be taken into account in decision making.

9.59 The Lyme Bay and Torbay Marine SAC:Torbay has a rich marine environment with its coastal waters designated as both a Marine SAC and a Marine Conservation Zone (MCZ). The Torbay component of the Marine SAC includes reefs and sea caves, supporting a variety of marine life. The MCZ protects nine different marine habitats which include seagrass beds and the intertidal area.

9.60The features of the Marine SAC and the MCZ are sensitive to changes in water condition/quality. Sewer spills and sewer flooding must be avoided. Pollution from surface water run-off—such as oil, chemicals, and other contaminants—during construction and operation phases can have cumulative negative impacts on water quality and coastal species. Discharges of pollution from the land may alter physicochemical conditions of coastal waters, including temperature, turbidity, salinity, and nutrient levels, affecting designated features.

9.61The Local Plan includes measures to reduce the impacts of development on coastal waters and minimise sewer outfalls, particularly at Hopes Nose, Torquay. Relevant policies include ER1, ER2, ER3, ER4, W5, and GIS. Measures may include planning contributions to deliver additional mitigation for surface water runoff for key watercourses.

9.62The SAC Sea caves are unique within the UK and contain very sensitive fauna that are vulnerable to damage. Risk of damage of damage can arise due to recreational activities such as wild swimming, kayaking, paddleboarding, personal watercraft use, diving, coasteering, and shoreline access at low tide.

9.63 At present the SAC sea caves are recorded as being in Favourable condition. There is no evidence currently available to conclude that recreational activities are damaging the SAC features, or that recreational activities are attributable to the housing numbers identified in the Local Plan. Individual planning applications that have a clear link to increased recreational use of the coast will need to be subject to project-level HRA, and a bespoke package of measures will need to be secured to address the specific impacts of the proposed project.

Explanation

9.64Statutory designated wildlife sites benefit from substantial protection under national legislation. This policy does not duplicate these protections but provides additional detail on permissible impacts and biodiversity enhancement expectations.

9.65International and nationally important sites falling under this policy include:

1. Special Areas of Conservation (SAC)
2. Special Protection Areas (SPA)
3. Proposed SACs
4. Potential SPAs
5. Ramsar sites
6. Areas secured as compensation for damage to an internationally or nationally designated site
7. Sites of Special Scientific Interest (SSSI)
8. Marine Conservation Zones (MCZ)
9. National Nature Reserves (NNR)

9.66Regionally and locally important wildlife and geological sites include:

1. Local Nature Reserves (LNR)
2. County Wildlife Sites (CWS)
3. Other Sites of Wildlife Interest (OSWI)
4. Regionally Important Geological Sites (RIGS)
5. Special verges
6. Habitats of Principal Importance, as listed under Section 41 of the Natural Environment and Rural Communities (NERC) Act 2006 (identified through site survey work or as identified through existing mapped resources)

9.67The NPPF requires local plans to identify and map sites of international, national and local importance and to follow the mitigation hierarchy: avoid harm where possible, mitigate impacts where unavoidable, and compensate for harm only as a last resort. Where harm involves protected species of European significance, it must be noted that compensation can only be considered where it can be shown that the development proposal is in the national interest.

9.68Torbay supports both European and UK protected species, as well as UK priority habitats. Notably, Torbay hosts a large population of Cirl Buntings—one of Britain’s most endangered songbirds. Targeted conservation has increased their numbers, and guidance on safeguarding this species has been produced by Devon County Council and the RSPB (November 2014). Development must protect Cirl Bunting habitats directly or contribute to offsetting through provision of receptor habitats.

9.69Torbay also supports populations of bat species, reptiles, seabirds and seahorses, which are protected under legislation including the EU Habitats Regulations and the Wildlife and Countryside Act 1981, as well as local frameworks such as County Wildlife Sites. Torbay also has several areas of ancient woodland that form an irreplaceable biodiversity resource both for its diversity of species and for its longevity as woodland. Veteran or aged trees outside ancient woodland are also particularly valuable. Irreplaceable habitats should be protected; to be acceptable, development would clearly need to outweigh any harm.

9.70Torbay’s coastal waters are designated as the Lyme Bay and Torbay Marine Special Area of Conservation (SAC) and as a Marine Conservation Zone (MCZ). These areas support reefs, sea caves, and diverse marine life. The Local Plan requires development to minimise impacts on sewer outfalls, particularly at Hopes Nose, Torquay. Sustainable urban drainage systems (SuDS) and water-sensitive urban design are promoted through Policies ER1, ER2, ER3, and W5.

9.71 The council will seek to improve Torbay’s biodiversity and geodiversity, including increasing the number and proportion of Local Wildlife Sites (CWS and RIGS) in ‘positive management’. This could include enhancing the status of Proposed and Unconfirmed Wildlife Sites (UWS). The Council will therefore seek to gain appropriate protection and recognition for locally important sites commensurate with their importance. Development should be located to minimise its impact on biodiversity. Development should follow the mitigation hierarchy - where impacts occur, mitigation and/or compensation will be required. Measures such as strengthening of flight paths, corridors, appropriate planting of biodiversity-rich species, the creation of habitats and biodiversity management programmes will be required through planning condition or s106 Planning Obligations. Biodiversity impact is an on-site acceptability matter and cannot be avoided to improve scheme viability.

9.72 New development should maximise opportunities to incorporate wildlife features through landscaping and design; this may include artificial bird nesting and bat roosting sites/boxes.

9.73 A schedule of Torbay’s SSSIs, National Nature Reserves and Local Sites of Wildlife and Geological Interest is set out in Appendix D. The Local Plan Policy NC2 supports the RSPB’s aspiration for an average provision of one new bird or bat box per new dwelling.

Explanation

9.74A wide range of species are protected under international and national legislation both within and outside designated protected habitats. In Torbay, European Protected Species include bats, hazel dormouse, and great crested newt. UK Protected Species include Cirl bunting, barn owl, and Deptford pink.

9.75Species listed as of Principal Importance under Section 41 of the Natural Environment and Rural Communities Act 2006 are also protected through national planning policy. The list includes over 800 species such as hedgehog, skylark, and brown hairstreak butterfly.

9.76The Devon Local Nature Partnership has identified approximately 1,600 species considered rare in Devon (Devon Priority Species), along with a list of 96 species known as Devon’s Special Species, for which the county has a particular conservation responsibility, including the long-snouted sea horse, grey long eared bat and hazel dormouse.

9.77Further species-specific guidance is available on the council’s website and Devon County Council’s website.

9.78Development can positively or negatively affect biodiversity, depending on its location, design, and mitigation. This policy aims to ensure development delivers biodiversity benefits and supports the objectives of the Environment Act 2021.

9.79The NPPF (paragraph 185b) emphasises enhancing ecological networks and recovering priority species. This policy supports those aims by requiring features that benefit priority species which can thrive in urban environments if provided with suitable habitats.

9.80Guidance from organisations such as the National House Building Council and UK Green Building Council highlights cost-effective, low-maintenance measures that integrate biodiversity into the built environment.

9.81Additional features for wildlife enhancement:

• Reptile/amphibian hibernacula;
• Brash and log piles;
• Invertebrate bricks and bee hotels;
• Wildlife ponds;
• Sustainable urban drainage systems (e.g. swales and pools with native vegetation);
• Native hedge planting;
• Swift/wildlife towers and green roofs;
• Artificial nest cups for house martins
• Barn owl lofts;
• Bat, bird, and dormouse boxes in trees and hedges.

9.82These features should be designed with input from qualified ecologists and integrated into development to ensure longevity and retention.

Explanation

9.83This policy seeks to achieve 10% BNG (as required by legislation) and provides additional guidance on how and where BNG should be delivered, with a preference for delivery locally within Torbay and reflecting the Devon, Plymouth and Torbay Local Nature Recovery Strategy.

Explanation

9.84 Artificial lighting can provide social benefits, such as street lighting and enabling recreation outside daylight hours. It can also help to enhance the public realm or heritage significance. However, there is a growing body of evidence that shows how Artificial Light At Night (ALAN) can have negative impacts on the health of both terrestrial and marine ecosystems through disrupting natural light-driven cycles that regulate marine life, migration, reproduction and feeding patterns.

9.85Light pollution is a driver of insect decline and many night-flying species of insect that bats hunt are attracted to light, especially those light sources that emit an ultraviolet component or have a high blue spectral content. Broad winged bat species (including Greater Horseshoe Bats) have been shown to avoid illuminated commuting and foraging. Consequently, these bat species are put at a competitive disadvantage and are less able to forage successfully and efficiently in well-lit areas. Continuous lighting in the landscape, such as along roads or waterways, creates barriers which many bat species cannot cross, even at very low light levels.

9.86In addition to the environmental impacts, ALAN can affect human health and well-being, with links to cancer, diabetes and sleep disorders.

9.87The proliferation of short-wavelength, blue-toned white lights since the advent of energy-efficient light-emitting diodes (LEDs) in the early 2000s has compounded this issue. This type of light is strong enough to penetrate deep into coastal waters, reaching more than 40 metres beneath the surface in areas with clear water and high intensity illumination.

9.88Alongside our rare terrestrial and marine life, parts of Torbay are within the South Devon National Landscape. The impact of light pollution and skyglow can be seen across the National Landscape and can negatively impact landscape, seascape, townscape/streetscape character and heritage significance.

9.89There are often technical and practical ways that the impacts of ALAN can be reduced or removed, e.g. through careful design, positioning and direction, sensors, or reduction in the intensity or hours of use. Impacts can also be reduced by avoiding short wavelength blue light and using longer-wavelength, redder bulbs or, at a minimum, lower colour temperature LEDs.

9.90Proposals including significant external lighting will require a lighting impact assessment prepared by a lighting specialist. Where permission is granted, conditions may control hours of illumination, light angles, intensity, column heights, colour specification, and retention or provision of screening vegetation or bunding.

Explanation

9.91Torbay’s designation as a UNESCO Global Geopark is based upon the outstanding international importance of 32 geosites (i.e. sites of significant geological interest within the Geopark) spanning a story of three geological time periods over 400 million years. In this context, Torbay has made a huge historical contribution in terms of the development of geological and archaeological sciences. The consideration of geology as part of the planning process alongside appropriate conservation, management, and enhancement of geology is fundamental to the retention of the status.

9.92 Within Torbay there are eleven geological Sites of Special Scientific Interest (SSSIs) and sixteen Regionally Important Geological Sites (RIGS). The designation integrates these sites, which are listed in Appendix D. Many of Torbay’s geologically important sites are disused quarries that have exposed geological and fossilised features. Development affecting geological sites of interest should retain, protect and provide for the appropriate management of such features.

9.93It is known that there are sites of geological significance in Torbay where the geological value is yet to be recognised/recorded because the sites have not yet been designated. As such, any new or temporary exposures may reveal new sites of value worth recording and/or protection. These sites could be in the form of an old quarry, cliff face or cutting, or sites subject to coastal erosion on the foreshore.

Explanation

9.94Green and blue infrastructure (GBI) refers to a network of multi-functional green and blue spaces and other natural features, in both urban and rural areas, which deliver a wide range of environmental, economic, and health and wellbeing benefits for nature, climate and communities.

9.95GBI exists at a variety of scales and forms across Torbay, from small-scale features such as trees, grass verges, green roofs and living walls, to larger assets including coastlines, beaches, parks, wetlands and community gardens. The South West Coast Path, as part of the King Charles III England Coast Path, is also a key component of this network, providing significant recreational, health and wellbeing benefits, and supporting the local visitor economy. All elements, regardless of size, contribute to the overall network and play an important role in its function. GBI in Torbay forms part of its natural heritage and provides opportunities for the public to enjoy and access the historic environment.

9.96 The Local Plan identifies Torbay’s three Country Parks (Cockington, Occombe and Berry Head) as key components of the GBI network, as shown on the Policies Map.

9.97Relevant evidence supporting the delivery of green and blue infrastructure includes, but is not limited to: Torbay Green Infrastructure Delivery Plan, any future Green and Blue Infrastructure Strategy for Torbay, Open Space, Sport and Recreation Strategies, the Local Nature Recovery Strategy and its mapped High Opportunity Areas where appropriate, the Devon Tree Strategy and local tree strategies.

9.98Development at all scales should consider opportunities to protect, enhance and connect GBI. Sustainable drainage and water management is a critical issue in Torbay. All development must prioritise the delivery of natural flood and water management rather than relying on engineered approaches. See Policies ER1, ER2, ER3 and ER4 for detailed drainage requirements.

9.99GBI contributes to several of the Local Plan’s strategic priorities, including climate resilience, nature recovery, health and wellbeing, transport and economic prosperity. The following Local Plan policies

9.100GBI can also have historic and archaeological significance, particularly at locations such as Cockington (Torquay) and Berry Head (Brixham). Policies HES and HE1 should be applied where relevant.

9.101The Local Plan makes provision for a burial facility as a key specific green infrastructure need. Analysis shows that burial facilities in Torbay are nearing capacity. Local evidence suggests that Torbay needs to provide up to 1,500 burial plots over the Plan period, equating to at least 1ha of land. The Local Plan identifies two areas of search for burial facilities, set out above.

9.102Visitor monitoring at Berry Head during the summer of 2023 showed a 16% increase in total footfall per hour, compared to 2016. Vegetation monitoring carried out in the same year revealed changes in the character of the habitats for which Berry Head is designated, with a decline in the condition of sensitive areas compared to monitoring in 2016. This is evidence that visitor numbers at Berry Head have exceeded capacity, and on-site mitigation alone is unlikely to prevent further degradation from recreation linked to new housing and tourism development. The Local Plan HRA sets out that a strategic approach to providing alternative or enhanced recreation opportunities within the zone of influence will need to be provided and funded through development contributions (see Policy NCS2).

9.103GBI is integral to sustainable development, supporting health and wellbeing, economic vitality, air quality, nature recovery, and climate adaptation. It contributes to net zero targets and provides urban cooling and flood risk management. The Council will seek to protect and enhance the green infrastructure network.

9.104In assessing the needs and opportunities for GBI, proportionate to its scale, development should be sensitive to its local context and make best use of local evidence. This evidence should be used to determine the strategy and design of GBI elements. This may include utilising landscape assessments, ecological data, health and wellbeing data, local sources of information on communities, etc. Careful and targeted engagement as part of the development design process, with the local authority, stakeholders and the wider community offers rich potential to understand local needs and design the best solutions. When considering access for all potentially disadvantaged groups of people based upon age, socio-economic status, sex and mobility should be considered.

9.105Where GBI provision is supported by quality assessments aligned with industry standards (e.g., Building for a Healthy Life, Building with Nature), this will be encouraged and adds weight to the justification of approach.

9.106The council will work with partners to improve Torbay’s terrestrial and marine environments through a network-wide approach that includes the links between spaces, the multiple purposes they can have and wider environmental benefits.

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^[1] As amended by the Levelling-up and Regeneration Act 2023

^[2] ‘Natural beauty’ has no legal definition but legally consideration must be given to the ‘flora, fauna, geological and physiographical’ features of the designated area.

^[1] National Landscapes: areas legally designated as areas of outstanding natural beauty under the National Parks and Access to the Countryside Act 1949 and Countryside and Rights of Way Act 2000