Regulation 18 Draft Local Plan 2025 Online Version and Consultation

Object

Representation ID: 1296

Received: 02/02/2026

Respondent: Bloor Homes

Agent: Mr Elliot Jones

Strategic Policy THS seeks to protect, retain and enhance Torbay’s trees, woodland, and hedgerows. The policy includes a requirement for all new streets to be tree lined and for development to retain good quality and healthy woodland trees and hedgerows, including ancient woodland, ancient and veteran trees, trees with high visual amenity, those supporting wildlife or contributing to connectivity, and those forming part of the historic environment.

While Bloor Homes supports Torbay Council's intention to protect important landscape assets, Strategic Policy THS is drafted in an overly rigid and prescriptive manner. As such, it is considered that the Policy may not meet the tests of soundness as clearly stated in paragraph 36 of the NPPF, as it is not justified, effective, or aligned with national policy requirements for clarity, proportionality, and deliverability.

The draft policy states that “new streets should be tree lined”. Whilst this aligns with the general direction of the NPPF, it lacks the necessary flexibility to recognise environmental and design constraints. It is not feasible or appropriate in all circumstances to deliver tree-lined streets, including:
• Constrained or steeply sloping sites.
• Locations where utilities, drainage corridors or access geometry restrict planting opportunities; and
• Schemes where tree-lined streets would be inconsistent with the local landscape or built character

A blanket requirement for tree-lined streets disregards site-specific constraints and is inconsistent with proportionate policy drafting. It also risks undermining viability on small or constrained sites. It is considered, therefore, that the requirement should include appropriate caveats that allow for deviations where justified through design, landscape, or viability evidence.

The draft wording also requires every development proposal to retain good quality and healthy woodland trees and hedgerows, including ancient woodland, veteran trees, connectivity features, visually important trees and hedgerows contributing to the historic setting. While protection of the most important assets is supported, the policy as drafted implies absolute retention in all cases. This is neither justified, nor deliverable.

On greenfield sites in particular, it may be necessary to introduce access points, internal roads, drainage routes, or essential utilities through areas of existing trees or hedgerows. The current draft wording is inflexible and may unintentionally restrict sustainable development or prevent sites from coming forward altogether.

Draft Policy THS must allow for tree and hedgerow loss where unavoidable, subject to appropriate justification and mitigation, consistent with national BNG requirements and proportional environmental management. BNG legislation already establishes a clear framework for compensatory planting, ecological enhancement and habitat creation, including where unavoidable loss is justified. The policy should not duplicate or contradict BNG requirements, but instead, be aligned with them.

Additionally, it is important that the Local Plan provides a cohesive and harmonic relationship between all Policies and should avoid inclusion of policies that directly contradict each other. Policy TH1 refers to preventing development that would “seriously harm” hedgerows, trees, woodland and landscape features. Policy THS must align with that, rather than create a stricter requirement of universal retention.

Recommendation

To ensure Strategic Policy THS is justified, effective and consistent with national policy, Bloor Homes considers that the policy must incorporate significantly greater flexibility.

The requirement for all new streets to be tree-lined should be amended to include reference to “where appropriate and feasible”, in order to recognise local landscape character, site constraints, safety considerations, and viability. Similarly, the obligation to retain all high-quality woodland, trees and hedgerows should be revised to require retention “where possible”, to allow for necessary losses associated with access, drainage, utilities, or necessary development layout on greenfield sites. Any unavoidable loss should be justified through proportionate arboricultural assessment and mitigated through measurable Biodiversity Net Gain in accordance with national policy. The policy must also explicitly allow the removal of unhealthy, unsafe or structurally compromised trees and ensure consistency with Policy TH1 and the Landscape Character Appraisal to avoid conflicting requirements.

Furthermore, Strategic Policy THS should be refined to confirm that the retention of trees elsewhere on sites will be sought “where possible” as part of a balanced and design-led approach. The policy should acknowledge that compensatory planting and habitat creation can offer greater long-term ecological value than retaining low-quality or poorly located trees, ensuring an appropriate balance between protection of natural assets and the delivery of sustainable, well-designed development.

Incorporating explicit reference to viability will also be essential to ensure the policy can be implemented realistically across a variety of site contexts. Collectively, these amendments will ensure that Strategic Policy THS remains robust and environmentally responsible, while also being sufficiently flexible, deliverable, and aligned with the NPPF, Biodiversity Net Gain legislation, and the Landscape Character Appraisal.

Support

Representation ID: 1297

Received: 02/02/2026

Respondent: Bloor Homes

Agent: Mr Elliot Jones

Bloor Homes supports the intent behind Draft Policy TH1 to protect significant trees, hedgerows and natural landscape features and notes that the policy duplicates and overlaps with Draft Strategic Policy THS, but the two policies are not fully aligned. Draft Policy TH1 is drafted in a manner that is vague, overly broad and lacks sufficient criteria to ensure clarity and predictable application.

To be effective, Draft Policy TH1 should provide clear and measurable criteria that work in tandem with Draft Policy THS, the Biodiversity Net Gain requirements, and the Landscape Character Appraisal. As drafted, the lack of cross-referencing and the inconsistent terminology between the two policies risks confusion and misapplication. For example, the first paragraph of the draft Policy states: “Development will not be permitted when it would seriously harm, either directly or indirectly, protected or veteran trees, hedgerows, ancient woodlands or other natural features of significant landscape, historic or nature conservation value. Harm can arise directly, through felling or damage during construction, or indirectly through pressure to fell or prune in the future due to the proximity of trees to a new development.”

Similar to Policy THS, Draft Policy TH1 lacks definition and does not align closely with proportionate, evidence-based assessment principles required by national policy. Without clear parameters, the policy risks being interpreted inconsistently, creating uncertainty for applicants, and potentially inhibiting sustainable development.

Draft Policy TH1 does not recognise that, particularly on greenfield sites, certain trees or hedgerows may unavoidably need to be removed to provide safe site access, utilities, drainage infrastructure or appropriate internal layout. The policy should explicitly acknowledge that such impacts may be acceptable where appropriate, supported by proportionate evidence and accompanied by mitigation in accordance with BNG legislation.

The policy would also benefit from referencing the Landscape Character Appraisal so that decisions can be grounded in proportionate, place specific evidence, rather than broad and undefined value judgements.

Similarly, the policy does not provide exemptions for the removal of unsafe, diseased or structurally compromised trees, despite this being essential for public safety and good land management.

Recommendation

To ensure Draft Policy TH1 is effective, justified, and aligned with national planning policy, Bloor Homes considers that the wording should be refined to provide clearer, evidence-based criteria and to incorporate appropriate caveats. The policy should confirm that development affecting trees, hedgerows or natural landscape features will only be resisted where demonstrable harm cannot be mitigated, and that impacts may be acceptable where appropriate, subject to arboricultural, ecological, heritage and landscape assessment. Unavoidable losses should be permissible where supported by proportionate evidence and compensated through Biodiversity Net Gain, and the policy should allow for the removal of diseased, unsafe or structurally compromised trees.

Policy TH1 should also be explicitly aligned with Draft Strategic Policy THS and incorporate cross-references to the Landscape Character Appraisal and BNG requirements to ensure consistency and avoid duplication. Clearer terminology and the inclusion of specific caveats relating to site constraints, local character, layout optimisation, viability and safety will ensure that Policy TH1 is robust and environmentally responsible, while also being flexible, deliverable and compatible with the wider spatial objectives of the Local Plan.

Support

Representation ID: 1298

Received: 02/02/2026

Respondent: Bloor Homes

Agent: Mr Elliot Jones

Chapter 11 sets out the policy approach to be adopted to ensure that development is designed with quality and place-making in mind. Key issues that are identified are the established principles that development should enhance the quality of residents and visitors’ lives, should enable the creation of strong communities, support economic vitality, promote environmental sustainability and celebrate local character. All these development principles are supported as the basis of ensuring design quality.

Bloor Homes supports the principles of DES: Design and Placemaking, and specifically the need to balance development in a way that seeks to maximise density while respecting and enhancing Torbay’s special qualities. The issue of balance and compromise when assessing development proposals is key to their success, and Bloor Homes agrees with the general approach of the draft strategic policy.

Consistent with Bloor Homes’ comments with reference to the draft Plan’s stated ‘Shared Vision’, to be consistent with national policy and positively prepared, the emphasis contained within draft Policy DES (specifically within the supporting text at paragraph 11.1) on urban development through town centre regeneration should be re-crafted to include other properly planned urban extensions to the existing built-form of Torbay. Examples of urban extensions are included within the draft plan (that is, Edginswell), but these principles should also be directed to another potential urban extension at Land off Broadpark Road and Land off Statnor Lane, Torquay .

The emerging plan will simply fail to deliver the area’s required housing growth without additional urban extensions, and it is crucial for strategic policy relating to design and placemaking addresses the delivery of such sites.

Recommendation

Draft Policy DES (and its supporting text) should be amended to acknowledge that suitably designed and planned developments will be required to come forward as urban extensions if the Council is to meet its housing requirement for the plan period.

Object

Representation ID: 1299

Received: 02/02/2026

Respondent: Bloor Homes

Agent: Mr Elliot Jones

Draft Policy DE1 addresses design quality and the assessment of development proposals. The draft policy states that development should be well-designed, respect and enhance the areas special qualities, including the character of the natural and built environment, and the settlement pattern of the three towns. The draft policy emphasises that major development should be informed by a townscape and/or landscape assessment, existing and previous land uses and movement patterns. Such principles are commonplace and are clearly required to deliver development that is appropriate to the area. Bloor Homes supports the adoption of these principles.

To be effective, however, and to ensure that a suitable quantity and mix of development can come forward, the resistance to low-rise development (Design Considerations, point 2) should be removed. This conflicts with the approach adopted in Policy DES4, which recognises that building heights should be appropriate to the location, historic character and setting of the area within which development is proposed. Low rise development can and should be considered in appropriate circumstances to ensure that it is informed by the surrounding townscape and the special qualities of Torbay, that it integrates with the surrounding green infrastructure (Point 7), that it acknowledges local character (Point 12), that it will have a clear urban structure (Point 13), and that it will protect longer distance views (Point 17).

Recommendation

Draft Policy DE1 (and specifically Design Considerations, point 2) should be amended to remove the reference to resisting low rise development.

Support

Representation ID: 1300

Received: 02/02/2026

Respondent: Bloor Homes

Agent: Mr Elliot Jones

Policy DE2: Building for a Healthy Life

Draft Policy DE2 sets out that major development proposals will be assessed against the ‘Building for a Healthy Life’ (BHL) criteria to ensure that they deliver high-quality design. Although this principle is supported, it is important for the draft Policy and the plan as a whole to acknowledge that the BHL criteria is only one measure for assessing development proposal. Bloor Homes does not consider that the BHL criteria should be the sole measure against which high quality urban design is assessed, and that other influences can and should be appropriate when undertaking an assessment of application proposals.

Recommendation

Bloor Homes considers that for the draft Policy to be both effective and positively planned, it should be amended to acknowledge that there will be other urban design criteria that inform how development is to be brought forward, and to ensure that compliance with the BHL criteria is not simply adopted as a ‘pass’ or ‘fail’ test.

Object

Representation ID: 1301

Received: 02/02/2026

Respondent: Bloor Homes

Agent: Mr Elliot Jones

Draft Policy DE3 sets out criteria for amenity and living standards within new development to ensure that a good level of amenity is provided for future residents or occupiers, while ensuring that development does not unduly impact on the amenity of neighbouring and surrounding uses. Ten broad criteria are identified within the policy, which is supplemented by the commentary in the supporting text.

Bloor Homes agrees with these broad criteria and with the principle that suitable levels of amenity should be provided without compromising the amenity of existing areas. Bloor Homes does not, however, agree with the stated ‘minimum’ density of 40 dwelling per hectare, which is set out in the supporting text (unnumbered paragraph beneath Table 17). This ‘minimum’ density is not appropriate for greenfield sites and will conflict with the aim of securing an appropriate level of density, while respecting surrounding uses and taking account of the surround townscape or landscape.

Recommendation

Bloor Homes considers that the reference to a ‘minimum’ density of 40 dwelling per hectare should be remove from the supporting text to draft Policy DE3.

Object

Representation ID: 1302

Received: 02/02/2026

Respondent: Bloor Homes

Agent: Mr Elliot Jones

Draft Policy DE4 sets out how the height of new buildings should be appropriate to the location, historic character and setting of the development, whilst have regard to the to make the best use of urban sites. With reference to Bloor Homes’ earlier comments regarding the draft Plan’s ‘Shared Vision’, we continue to consider that this policy-emphasis on ‘urban’ sites reflects a fundamental failure of the plan to address the need for urban extensions to come forward if the Local Planning Authority is to deliver the number of homes that are required for the area.

Bloor Homes considers that the height of all new buildings should be appropriate to their location, regardless of whether the development is being proposed in an urban or other location. Bloor Homes agrees that the height of new buildings should be appropriate to the location, historic character and setting, but this is contrary to the default resistance to low rise development and our representations in respect of draft Policy DE2. The wording of draft Policy DE4 does not, therefore, provide the Council with a policy basis that is either effective or positively prepared.

Recommendation

Bloor Homes considers that the wording of draft Policy DE4 should be amended to remove the explicit reference to building heights being applicable to urban sites

Support

Representation ID: 1303

Received: 02/02/2026

Respondent: Bloor Homes

Agent: Mr Elliot Jones

Bloor Homes broadly support the overarching aims of Chapter 12 (Responsible resource use: Minerals and Waste), which sets out a clear and positive framework for promoting sustainable resource management across Torbay. In particular, Bloor Homes supports the core aim of reducing waste, safeguarding mineral resources, and fostering a circular economy as part of the transition to a low carbon future.

Torbay Council’s intention within Policy W2 to minimise waste generation, reduce raw material consumption, and ensure that developments are designed to promote reuse and recycling throughout their lifecycle is recognised and supported. It is considered that these aims are consistent with the circular economy principles and are an appropriate strategic direction for the Local Plan.

However, Bloor Homes have concerns regarding specific elements of the policy wording, particularly the requirement for development proposals to “Maximise sustainable construction methods”, which is considered to be overly stringent, imprecise, and not aligned with national planning requirements for clarity, proportionality, and deliverability.

It is considered that the instruction to “Maximise sustainable construction methods”, imposes an unsubstantiated obligation that lacks the necessary clarity and could be interpreted as requiring the highest possible level of sustainable construction in every case, regardless of site characteristics, viability, availability of materials, and feasibility. The current wording proposed risks inconsistent interpretation by officers and does not align with national policy, that requires Local Plan policies to be clearly written and capable of practical implementation.

Policy W2 already requires a detailed Waste Audit and Five-Year Waste Management Plan, covering:
• Waste prevention, minimisation, reuse and recycling.
• Reducing raw material use.
• Segregation and on site waste management.
• Consideration of transport modes for waste; and
• Provision of recycling and waste storage facilities.

These elements ensure that sustainable construction and circular economy principles are fully considered. It is, therefore, considered that the additional requirement to maximise sustainable construction is unnecessary, disproportionate, and duplicates the detailed measures already stated within the wider Policy.

Recommendation

Bloor Homes recommend that a refined phrasing would be beneficial in this instance to ensure that Policy W2 can remain deliverable. A more appropriate requirement would be as follows: “incorporate appropriate sustainable construction methods proportionate to the scale, nature and viability of the development.”

This revision would maintain alignment with the circular economy principles whilst ensuring that development proposals can feasibly comply with the Policy and that decision making can remain consistent.

Bloor Homes, therefore, recommend that the Council revise Policy W2 to remove or amend the requirement to “Maximise sustainable construction methods” in favour of more proportionate and deliverable wording. This change would ensure that the policy would remain aligned with national planning policy.

Comment

Representation ID: 1304

Received: 02/02/2026

Respondent: Bloor Homes

Agent: Mr Elliot Jones

The representation highlights the delayed timetable for the Local Plan and urges the Council to allocate additional housing sites promptly to keep the plan on track.

Object

Representation ID: 2975

Received: 02/02/2026

Respondent: Bloor Homes

Agent: Mr Elliot Jones

It is considered that the allocation for Edginswell should not be taken forward into the Local Plan given its history and lack of delivery.

If it is considered that it should be retained then its site capacity should be significantly reduced to a figure that realistically reflects the topographical and engineering challenges facing the site. This reduction in capacity will put further pressure on the housing land supply and delivery, which can only be rectified with the allocation of additional housing sites.