Torbay Local Plan Regulation 19 Publication Version and Consultation

Further clarity is required regarding what is regarded as being 'unacceptable impact'.. The policy and supporting text do not stipulate the matters that will be taken into account. We would expect there to be reference to the potential impact on the natural beauty of the National Landscape as one of the relevant considerations.

Further clarification is required regarding the conversion and extension of existing buildings. This should only apply to buildings which contribute to the landscape in their own right; where the building is sound and will not amount to a rebuild, and should only result in modest extension outside the settlement boundary.

Government is seeking for non-duplication of content in Local Plans with the NPPF. In order to provide more detailed guidance for developers contemplating development within the NL, it would be helpful to include a criterion based policy so that all elements that contribute to the natural beauty of the NL are identified, so special qualities and distinctive characteristics or valued attributes; impact on tranquillity and dark landscapes, including reference to impacts from light pollution; nature conservation/biodiversity; physiographical features; distinctive historic and cultural heritage features; improve agricultural and woodland management; improve public access within the NL; and Avoid, mitigate, and as a last resort compensate, for any residual adverse effects.
It appears that throughout the Reg 19 document, there is an absence of identifying important characteristics of the local area and instead provides more generic planning policies. More needs to be done to draw out what is important to the character of Torbay with clearer guidance for developers on factors that will need to be addressed in future proposals.
Please refer to the National Landscape Plan policy in the Plymouth and South West Devon Joint Local Plan, Policy DEV25 which clearly reflects the definition of natural beauty and provides clear guidance on what is appropriate with the National Landscape and complements the policies of the relevant Management Plans and cross references the Management Plans in the supporting paragraphs.
Should update landscape and scenic beauty to reflect the Government stance as set out in Section 85 of the Countryside and Right of Way Act 2000 (as amended by the Levelling -up and Regeneration Act 2023) and the NPPF which refers to the natural beauty of the National Landscape. This is more appropriate as it encompasses all aspects of what is regarded as important qualities, such as landscape quality, scenic quality, relative wildness, relative tranquillity, natural heritage features and cultural heritage.

In order to maintain consistency for the management of development affecting the undeveloped coast, the criteria adopted in the Plymouth and South West Devon Joint Local Plan (Policy DEV24) should be applied in this policy:Development which would have a detrimental effect on the undeveloped and
unspoilt character, appearance or tranquility of the Undeveloped Coast, estuaries,
and the Heritage Coast will not be permitted except under exceptional
circumstances. Development will only be permitted in the Undeveloped Coast
where the development:
1. Can demonstrate that it requires a coastal location.
2. It cannot reasonably be located outside the Undeveloped Coast.
3. Protects, maintains and enhances the unique landscape and seascape
character and special qualities of the area.
4. Is consistent with policy statements for the local policy unit in the current
Shoreline Management Plan.
5. Is consistent with the relevant Heritage Coast objectives, as contained within
the relevant AONB (National Landscape) Management Plan.
Development for the purposes of agriculture, forestry, public access and
enjoyment of the coast and estuaries, or community facilities that meet the
objectively assessed needs of the local community, will be supported if it meets
the above tests

There is no mention of impact on the National Landscape or its setting within this policy. Development on the edge of a settlement can have an impact on the wider landscape through lightspill, noise, design, traffic and so on and so the relationship to National Landscape and its setting are also relevant.