Torbay Local Plan Regulation 19 Publication Version and Consultation

Comment

Representation ID: 3403

Received: 05/10/2026

Respondent: Natural England (Statutory / General Consultation Body)

South Hams SAC Bats: Policy NCS2, Policy NC1, Light Pollution Policy NC4, Policy SDBCG3 and Habitats Regulations Assessment

Natural England welcomes the strengthened approach to protecting the South Hams SAC and Greater Horseshoe Bat population. We support the emphasis on avoidance of impacts, protection of habitat connectivity, dark corridors, commuting routes, pinch points and the additional safeguards proposed within the Core Sustenance Zone. These measures are consistent with the evidence base and the objectives of the South Hams SAC Habitats Regulations Assessment Guidance.

Natural England notes the conclusions of the Habitats Regulations Assessment, which states that adverse effects on the integrity of the South Hams SAC can be ruled out subject to the mitigation and policy framework identified within the Local Plan. We welcome the strategic and landscape-scale approach to maintaining and enhancing Greater Horseshoe Bat habitat and connectivity.

We also support the inclusion of strategic habitat enhancement measures and financial contribution mechanisms where justified through Appropriate Assessment, recognising the role these measures may play in addressing in-combination effects and supporting long-term habitat resilience.

The Council could clarify the intended meaning of the phrase "replacement features must be secured in advance" whether this relates to legal or practical delivery of mitigation measures prior to impacts occurring. This will provide important clarification for future planning applications but is not a soundness issue.

The Plan introduces the concept of Core Sustenance Zones but does not make clear that this approach is in addition to Sustenance Zones and Landscape Connectivity Zones from the 2019 South Hams SAC Guidance. It would be helpful for consultants and planners to easily recognise that the CSZ is a new additional approach and be signposted to the evidence.

Comment

Representation ID: 3404

Received: 05/10/2026

Respondent: Natural England (Statutory / General Consultation Body)

South Hams SAC Bats: Policy NCS2, Policy NC1, Light Pollution Policy NC4, Policy SDBCG3 and Habitats Regulations Assessment

Natural England welcomes the strengthened approach to protecting the South Hams SAC and Greater Horseshoe Bat population. We support the emphasis on avoidance of impacts, protection of habitat connectivity, dark corridors, commuting routes, pinch points and the additional safeguards proposed within the Core Sustenance Zone. These measures are consistent with the evidence base and the objectives of the South Hams SAC Habitats Regulations Assessment Guidance.

Natural England notes the conclusions of the Habitats Regulations Assessment, which states that adverse effects on the integrity of the South Hams SAC can be ruled out subject to the mitigation and policy framework identified within the Local Plan. We welcome the strategic and landscape-scale approach to maintaining and enhancing Greater Horseshoe Bat habitat and connectivity.

We also support the inclusion of strategic habitat enhancement measures and financial contribution mechanisms where justified through Appropriate Assessment, recognising the role these measures may play in addressing in-combination effects and supporting long-term habitat resilience.

Comment

Representation ID: 3405

Received: 05/10/2026

Respondent: Natural England (Statutory / General Consultation Body)

We welcome the detail contained in this policy.

However, paragraph v appears to be slightly mis-written, in terms of what the first “prior to” is referring to.

We would highlight an opportunity to improve the policy by requiring that the details referred to in the paragraph may also be required at outline stage. This would likely be where development is proposed within sustenance zones, near pinch points or genuinely dark developments (HRA page 42). This would bring forward discussions around bats earlier in the planning process.

We recognise, however, that this is not a soundness issue, rather an opportunity to highlight the level of detail which may be required at outline stage in order to meet HRA certainty requirements.

Policy SDBCG3 refers to 0.5 lux as a maximum light level in bat flyways. We note that Bat Conservation Trust Guidance (GN08, Bats and Artificial Lighting) refers to lower lighting levels (0.2 lux on the horizontal plane and 0.4 lux on the vertical plane) where “complete darkness” on a feature or buffer is required.

Our advice is that features within the Pinch Point areas (including proposed Additional Pinch Point areas identified by the Evidence Study 2026) are features for which these lower lux levels should be required.

In addition, we advise that, from a standard two-storey house, a buffer of at least 30 metres can be needed in order to reduce light spill to 0.5 lux.

South Hams SAC Bats: Policy NCS2, Policy NC1, Light Pollution Policy NC4, Policy SDBCG3 and Habitats Regulations Assessment

Natural England welcomes the strengthened approach to protecting the South Hams SAC and Greater Horseshoe Bat population. We support the emphasis on avoidance of impacts, protection of habitat connectivity, dark corridors, commuting routes, pinch points and the additional safeguards proposed within the Core Sustenance Zone. These measures are consistent with the evidence base and the objectives of the South Hams SAC Habitats Regulations Assessment Guidance.

Natural England notes the conclusions of the Habitats Regulations Assessment, which states that adverse effects on the integrity of the South Hams SAC can be ruled out subject to the mitigation and policy framework identified within the Local Plan. We welcome the strategic and landscape-scale approach to maintaining and enhancing Greater Horseshoe Bat habitat and connectivity.

We also support the inclusion of strategic habitat enhancement measures and financial contribution mechanisms where justified through Appropriate Assessment, recognising the role these measures may play in addressing in-combination effects and supporting long-term habitat resilience.

Comment

Representation ID: 3406

Received: 05/10/2026

Respondent: Natural England (Statutory / General Consultation Body)

South Hams SAC Bats: Policy NCS2, Policy NC1, Light Pollution Policy NC4, Policy SDBCG3 and Habitats Regulations Assessment

Natural England welcomes the strengthened approach to protecting the South Hams SAC and Greater Horseshoe Bat population. We support the emphasis on avoidance of impacts, protection of habitat connectivity, dark corridors, commuting routes, pinch points and the additional safeguards proposed within the Core Sustenance Zone. These measures are consistent with the evidence base and the objectives of the South Hams SAC Habitats Regulations Assessment Guidance.

Natural England notes the conclusions of the Habitats Regulations Assessment, which states that adverse effects on the integrity of the South Hams SAC can be ruled out subject to the mitigation and policy framework identified within the Local Plan. We welcome the strategic and landscape-scale approach to maintaining and enhancing Greater Horseshoe Bat habitat and connectivity.

We also support the inclusion of strategic habitat enhancement measures and financial contribution mechanisms where justified through Appropriate Assessment, recognising the role these measures may play in addressing in-combination effects and supporting long-term habitat resilience.

Comment

Representation ID: 3407

Received: 05/10/2026

Respondent: Natural England (Statutory / General Consultation Body)

Habitats Regulations Assessment

Natural England advises that the potential effects of Combined Sewer Overflows (CSOs) on the Lyme Bay and Torbay SAC have been correctly screened in as a Likely Significant Effect (LSE) under the Habitats Regulations because there is a potential pathway for impact.

However, the Appropriate Assessment (AA) should note that the updated SAC condition assessment completed in March 2026 found no evidence that CSO-related pressures are currently adversely affecting the notified features of the SAC.

Although the SAC Advice on Operations identifies suspended solids as a medium to high-risk pressure, relevant sediment targets were met within the condition assessment. Other failed indicators related to contaminants such as mercury and Polybrominated Diphenyl Ethers (PBDEs) are not considered directly relevant to CSO impacts on the SAC's designated features.

The additional information provided by the Council has been extremely helpful and identifies that Local Plan development would increase CSO discharges by around 1% up to 2040. This information, together with the updated condition assessment, has informed our advice that potential effects from increased CSOs as a result of additional development can be ruled out as having an adverse effect on the integrity (AEOI) of the SAC.

In addition, forthcoming Drainage and Wastewater Management Plans (DWMPs), being developed under the Environment Act 2021, are expected to deliver improvements to CSO performance, with priority being given to areas in close proximity to designated sites. It is understood that Ilsham Valley Combined Sewer is one of the sites being considered within this process.

While the available evidence supports the view that impacts from CSO spills are not likely to result in an adverse effect on the integrity of the Lyme Bay and Torbay SAC, we strongly welcome measures such as water efficiency, sustainable drainage, and nature-based solutions to reduce flood risk and relieve pressure on the sewerage network.

However, these are considered to be wider policy initiatives rather than mitigation measures required to address a Habitats Regulations concern.

Natural England supports the measures noted above, as these will assist Torbay Council in discharging its responsibilities under Section 40 of the Natural Environment and Rural Communities Act 2006, by putting measures in place to protect the designated features of the Torbay Marine Conservation Zone (MCZ), including seagrass beds, through easing development pressure.

Support

Representation ID: 3408

Received: 05/10/2026

Respondent: Natural England (Statutory / General Consultation Body)

Strategic Policy GIS: Green and Blue Infrastructure

Natural England supports the improved drafting of Strategic Policy GIS: Green and Blue Infrastructure. The policy is now clearer in setting out what is required from developers, and the inclusion of a reference to the Natural England Green Infrastructure Framework will provide a useful touchstone for discussions between planners and developers.

Natural England notes the change in terminology from the Regulation 18 draft, which referred specifically to a Suitable Alternative Natural Greenspace (SANG), to the broader strategic recreation mitigation approach set out in the Regulation 19 Plan.

The revised wording provides greater flexibility in how mitigation may be delivered and does not appear to reduce the overall objective of avoiding adverse recreational impacts on the South Hams SAC.