Torbay Local Plan Regulation 19 Publication Version and Consultation

Support

Representation ID: 3416

Received: 22/09/2026

Respondent: Devon County Council (Statutory / General Consultation Body)

The County Council’s principal interests relate to potential strategic cross-boundary implications as a neighbouring authority. Therefore, the County Council is responding in its role as:

Local Transport Authority (LTA)
Local Education Authority (LEA)
Minerals Planning Authority (MPA)
Waste Planning Authority (WPA)

As you will be aware, the County Council and the Devon and Torbay Combined County Authority (DTCCA) are concurrently fulfilling the LTA role.

The Devon and Torbay Combined County Authority (DTCCA) Regulations 2025 came into effect on 5 February 2025 and, since 1 April 2026, the DTCCA has been responsible for all Local Transport Authority functions.

However, the 2026/27 financial year is a transitional year during which the constituent councils will continue to undertake work relating to LTA functions. This response therefore includes comments relating to those functions.

Devon County Council is broadly supportive of the Draft Local Plan in terms of the County Council’s responsibilities as a neighbouring authority.

Comment

Representation ID: 3417

Received: 22/09/2026

Respondent: Devon County Council (Statutory / General Consultation Body)

Highways and Transport (including public transport)

The County Council welcomes the commitment to support the delivery of the objectives of the Local Transport Plan, the strategic document that sets out the priorities for transport across Devon and Torbay between 2025 and 2040.

In addition, the Council welcomes the reference to considering the impacts of development in Torbay on transport networks outside of Torbay, as there is the potential for cross-boundary impacts on the County Council’s highways network, which would need to be considered and mitigated.

However, it is noted that policy text no longer explicitly refers to Local Cycling and Walking Infrastructure Plans (LCWIPs) or Bus Service Improvement Plans (BSIPs).

The County Council would therefore recommend an amendment to Policy TA2 (emphasis added to show additions):

“The Council will support strategic transport improvements that strengthen connections within Torbay, to the wider sub-region, and to national and international markets, where they enable efficient, reliable and inclusive movement in line with the transport hierarchy, including those set out in the Local Transport Plan and other supporting modal plans, including Local Cycling and Walking Infrastructure Plans, Rights of Way Improvement Plans and Bus Service Improvement Plans.”

This would help ensure the policy is effective, as it would make explicit that improvements set out in these plans should be considered in relation to development proposals. It would also help ensure the policy is consistent with national policy, in particular NPPF Policy TR1, which states that:

“Plans should align land use policies and allocations with wider strategies (such as Local Transport Plans, Local Cycling and Walking Infrastructure Plans and Rights of Way Improvement Plans).”

In addition, there is no reference to aligning delivery of the Hospital Trail with the Kingskerswell and Torbay route within the Heart of Teignbridge LCWIP.

It is noted that the Bay Trails are referenced generally within Policy TA2. However, it is recommended that this matter is addressed more specifically in order to further support improvements to sustainable transport links to and from Torbay.

Comment

Representation ID: 3420

Received: 22/09/2026

Respondent: Devon County Council (Statutory / General Consultation Body)

The Draft Local Plan seeks to allocate a future growth area in the White Rock and Inglewood area of Paignton (Ref. H2P.4).

Whilst Torbay Council is the Minerals Planning Authority (MPA) for its administrative area, the County Council wishes to comment on this matter given that the allocation lies on the boundary between the two authorities and could therefore influence future planning and mineral safeguarding considerations across the Devon boundary.

The County Council notes that the proposed allocation is located adjacent to the Torbay Mineral Safeguarding Area (MSA) and in close proximity to, and partly adjoining, the Devon MSA and wider Mineral Consultation Area associated with a nearby limestone resource.

Development at this proposed site allocation has the potential to sterilise future mineral working, either directly through the introduction of built development on the limestone resource or indirectly through the introduction of sensitive uses that could constrain future mineral extraction activities.

As such, Devon County Council, in its capacity as an adjoining Minerals Planning Authority, objects to the inclusion of this allocation at this stage. This is in line with:

Paragraphs 223(c) and 225 of the National Planning Policy Framework (2024); and
Policy M2 (Mineral Safeguarding Areas) of the Devon Minerals Plan 2011-2033,

both of which highlight the importance of identifying Mineral Safeguarding Areas and Mineral Consultation Areas to protect mineral resources from unnecessary sterilisation by non-mineral development.

It is considered that these concerns could be addressed through the following measures:

A Mineral Resource Assessment being undertaken by Torbay Council prior to allocation of the site, demonstrating that the mineral resource is not of current or potential economic value. The County Council would be happy to discuss this further with Torbay Council, including the appropriate scope of such an assessment.

Amendments to the wording of Policy SDP5 to ensure that the layout of development is carefully considered and that uses located closest to the Mineral Safeguarding Area are those of a less noise-sensitive nature and are compatible with being situated adjacent to a mineral extraction area.

In line with comments made at the Regulation 18 consultation stage, it is also recommended that Policy M1 is updated to reference the most up-to-date limestone reserve figures to reflect the current status of limestone reserves within the County.

Table 4 (page 14) of the 14th Local Aggregate Assessment (LAA) for Devon identifies the landbank for limestone as 33.8 years.

Comment

Representation ID: 3421

Received: 22/09/2026

Respondent: Devon County Council (Statutory / General Consultation Body)

The County Council would like to reiterate the comments made at the Regulation 18 consultation. These are included in full below.

Torbay Council’s housing need target is 950 dwellings per year, while the Draft Local Plan proposes the delivery of a minimum of 400 dwellings per year.

The Draft Plan refers to unmet housing need as a sub-regional matter that will need to be resolved through cooperation with the wider Devon authorities.

The delivery of housing above and beyond that provided for in the adopted or emerging Local Plans of neighbouring Devon authorities would have implications for infrastructure requirements across Devon. Consequently, it could place additional demands on the County Council, particularly in relation to:

Education infrastructure; and
Highway and transport infrastructure.

It will therefore be essential for Torbay Council to demonstrate a robust, evidence-based justification for any requirement for development to be accommodated outside its administrative area.

The County Council also considers it important that Torbay Council works closely with Devon County Council and other relevant authorities to identify and plan for the infrastructure necessary to support any cross-boundary growth requirements.