Why do we need a new Local Plan?
1.1 It is the responsibility of Torbay Council as the Local
Planning Authority, under the Town and Country Planning Act 1990,
to prepare a single local plan for the whole of Torbay. This
new Plan, the Torbay Local Plan (1995-2011), has been prepared
for a number of reasons:
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The Plan periods for the two existing adopted Local Plans
(Paignton Central Area Local Plan (adopted March 1985) and
Torbay Local Plan (adopted July 1991) expired in 1991 and
1996 respectively.
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The results of the 1991 Census have updated the demographic
base to the Local Plan’s policies and proposals, informed
more recently by the 2001Census and ONS (Office for National
Statistics) Mid-Year Estimate for 2002.
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The Devon Structure Plan First Review was adopted in 1999,
setting revised levels of provision for housing and employment
land.
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The planning agenda has moved on; since the first Torbay
Local Plan was adopted in 1991, there has been a strategic
shift in attitudes. The Rio Earth Summit in 1992, Kyoto Climate
Change Summit in 1997 and a series of Government white papers,
policy statements and planning policy guidance notes (PPGs)
have reinforced the principle of sustainable development.
They have set a new policy framework in subjects such as
brownfield development, affordable housing, retail development,
town centres, integrated transport, archaeology, sport and
recreation, coastal planning, tourism, pollution control
and nature conservation.
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The Government is currently seeking to modernise planning
to achieve sustainable development in a speedy, efficient
and accountable way. The proposed changes to the planning
system will give this fundamental underlying principle a
statutory purpose for the first time. The four aims of sustainable
development incorporated in the policy framework which will
underpin the new planning system are described in paragraphs
2.9 and 2.26 - 2.48 of Chapter 2 Local Plan Strategy.
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As a consequence of the Local Government Act 2000, local
authorities have a duty to prepare a Community Strategy (or
Plan) to promote the economic, social and environmental well
being of their areas. The Local Plan should provide the ‘spatial
expression’ of the new Community Plan for Torbay, both
in informing its preparation and in the delivery of its policies.
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There is an urgent need for economic and social regeneration
in Torbay and the necessary action, including securing funding
from Europe and the British Government, needs to be carried
out within a Local Plan framework.
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As a result of the Local Government Act of 1992, Torbay
became a unitary authority in 1998 with new responsibilities
for services such as education, social services, highways,
libraries, waste disposal and minerals. The Local Plan needs
to provide the framework for these responsibilities, having
regard to the corporate objectives of the Council.
1.2 The Adopted Torbay Local Plan (1995-2011) addresses all
these considerations and the area which it covers is illustrated
in Plan 1. The Council adopted the Plan following a series of
key Plan preparation stages.
Plan 1: Area covered by the Torbay Local Plan
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© Crown copyright. All rights reserved. Torbay
Council. Licence No. 100022695.
1.3 The Deposit Version of the Local Plan was published in July
1999. Following consideration of representations received during
the formal consultation period, the Council published the Revised
Deposit Version in October 2000. Subsequently, the Local Authority
prepared changes to the Plan following consideration of representations
received on the Revised Deposit. These Proposed Further Changes
(PFCs) were agreed by the Council in July and September 2001
and placed before the Local Plan Inquiry Inspector for his consideration.
1.4 The Public Local Inquiry into objections to the Plan took
place between 20 November 2001 and 25 September 2002. During
the Inquiry, additional changes were made as part of the process
of negotiation carried out with objectors to resolve outstanding
objections. These changes are referred to as Proposed Changes
at Inquiry (PCIs). On 9 April 2003, the Inspector’s Report
into objections to the Local Plan was published.
1.5 The Council addressed the Inspector’s recommendations
on 4 September 2003 and approved a series of modifications to
the Plan. The Proposed Modifications document was published and
placed on deposit for public consultation on 6 October 2003.
Following consideration of representations received on the Proposed
Modifications, the Council resolved on 4 March 2003 to publish
a Notice of intention to adopt the Local Plan without further
modifications. The Council’s Statement of reasons and decisions
relating to objections to Proposed Modifications was deposited
with the Notice.
1.6 On 5 April 2004, Torbay Council adopted the Torbay Local
Plan (1995-2011) with modifications. The Plan came into operation
on its adoption and as a result superseded both the Adopted Paignton
Central Area Local Plan (1985) and Adopted Torbay Local Plan
(1991).
What issues are addressed by the Local Plan?
1.7 The matters that the Local Plan deals with affect the whole
community of Torbay, not only developers and people submitting
planning applications. The Plan is concerned with a range of
issues:
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Housing - provision of new homes to meet
the needs of all sections of the community, including for
affordable housing, and maximising the potential of previously
developed land to accommodate new housing.
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Employment - addressing the relatively
high level of unemployment and the need to stimulate the
economy and secure regeneration, in order to provide opportunities
for more jobs for school leavers, the unemployed and the
under-employed through the development of new businesses
and other employment opportunities.
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Tourism - how can we adapt to changing
demands in the dominant industry in Torbay without causing
adverse environmental or other impact?
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Shopping and Town Centres - what sort of
facilities are required and where should they be? How can
we make our town centres more attractive both for shopping
and as focal points for the community?
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The Community - ensuring that the necessary
social infrastructure, such as community facilities, schools
and health services, are in place; and helping to foster
sustainable communities.
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Recreation and Leisure - improving facilities
for young and old, and making sure that there are adequate
opportunities for indoor, outdoor and ‘quiet’ recreation.
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Infrastructure - it is necessary to ensure
that the provision of infrastructure, such as water supply,
drainage, waste water disposal, energy and telecommunications,
keep pace with the Plan’s development proposals.
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Waste and Minerals - how we plan for the
treatment and disposal of our waste is critical to the quality
of the marine and terrestrial environment.
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The Environment - finding ways of protecting
and improving the environment of both town and countryside,
including enhancing the quality of life and promoting nature
conservation in a sustainable way; the coast is also a unique
asset which must not be compromised by inappropriate development.
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Transport and Accessibility - ensuring
that the movement of people throughout the area, including
access to homes, jobs and facilities, is maintained and where
necessary improved, and to plan so that people do not need
to travel as much in the first place. This may involve limited
highway improvements, but the emphasis will be increasingly
towards making public transport more attractive, easier and
more competitive than the private car. Other forms of movement
such as cycling and walking will also be encouraged.
1.8 There is continual change in our society and it is necessary
to co-ordinate and plan to meet the needs and cater for the demands
that arise in the best way for the community as a whole, without
causing undue hardship.
1.9 Some of the issues are potentially conflicting, and it is
through the Local Plan that the Council, as the Local Planning
Authority, will seek to reconcile any conflicts and achieve the
right balance to guide development in Torbay in the next few
years.
1.10 The purpose of the Local Plan is therefore to provide
detailed policies and site specific proposals for Torbay for
the period to 2011, within the framework of the more general
provisions of national planning policy, Regional Planning Guidance
and the Devon Structure Plan.
What does the Local Plan do?
1.11 The Local Plan has four main roles:-
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it sets out detailed policies and specific proposals for
the development and use of land during the Plan period, forming
the basis for a ‘plan-led system’;
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it guides day-to-day planning decisions through development
control, with the intention of making decisions consistent
and transparent;
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it provides a basis for co-ordinating development and other
use of land, including land assembly and compulsory purchase;
and
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it enables the community to consider important planning
issues which will affect them.
What is the status of the Local Plan?
1.12 As an adopted Local Plan, the Plan has legal weight
under Section 54A and 70(2) of the Town and Country Planning
Act 1990 (as amended). This requires that where a development
plan (in Torbay’s case the Devon Structure Plan and Torbay
Local Plan) is adopted, development proposals should be determined
in accordance with the development plan, unless material considerations
indicate otherwise. The Planning and Compulsory Purchase Act
(2004) states that the statutory development plan will continue
to be the starting point in the consideration of planning applications
for the development or use of land in the new planning system
introduced by the Act.
1.13 Other ‘material considerations’ may in
principle be any considerations that relate to the use or development
of land (see PPG1 ‘General Policy and Principles’ (1997)
paragraph 50). When the local planning authority receives a planning
application for development that does not accord with the provisions
of the development plan it is required to advertise it both by
site notice and by notice in the local press.
What is the format of the Local Plan?
1.14 The Local Plan is in two parts:-
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The Written Statement - which contains
introductory text, policies and proposals for guiding and
controlling development in Torbay, together with reasoned
justification; the policies and proposals are printed in
bold type face to distinguish them from the rest of the text.
Appendix A provides a glossary of terms used in the Local
Plan. Appendix B contains a schedule of policies and proposals
indicating changes that have occurred since the Revised Deposit
Version of the Local Plan, published in October 2000.
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The Proposals Map - which shows precisely
which areas are affected by specific proposals or by area-based
policies. It has been published as a 1:5000 scale map booklet,
also containing individual maps for each of the three town
centres at 1:2500 scale.
1.15 The Environmental Guide, which does
not contain formal Local Plan policies, comprises Supplementary
Planning Guidance and does not form part of the Plan. The Environmental
Guide has nevertheless been prepared in conjunction with the
Local Plan and, consistent with PPG1 ‘General Policy and
Principles’ (1997), has been the subject of consultation
at the same time as the Local Plan, during each of the statutory
stages. Its role is to complement the Plan by providing detailed
guidance on design matters and a range of environmental issues
to developers, architects and others involved in the detailed
development design progress.
1.16 For specific proposals, it is the Council’s
intention to prepare planning briefs in consultation with developers.
In such cases, this intention is indicated in the relevant policy.
Briefs will comprise Supplementary Planning Guidance (SPG) and
will supplement the specific policy requirements outlined for
planning applications relating to such proposals. Supplementary
Planning Guidance was already been produced for The Provision
of Affordable Housing in Torbay, adopted by the Council in September
2003. This provides guidance on the implementation of the affordable
housing policies in the Local Plan.
1.17 In addition, the Council has commissioned research
into several key aspects of the Local Plan, and consultants have
prepared a number of reports which are listed in Chapter 16 Achieving
Local Plan Objectives.
What about the areas not covered by a proposal
or policy area?
1.18 Many parts of Torbay are not affected by Local Plan
proposals or policy areas. In these areas, the Council does not
intend the general character to change significantly over the
Plan period.
How does this Local Plan relate to other plans
and strategies?
1.19 Figure 1 illustrates the relationship
of the Local Plan with other plans and strategies affecting Torbay.
The Devon Structure Plan acts as the ‘umbrella’ for
all local plans in Devon, in the context of Regional Planning
Guidance for the South West (see paragraphs 2.10 to 2.18). The
Adopted Devon Structure Plan First Review (1999) covering the
period 1995 - 2011 sets out the strategic guidelines for Torbay.
1.20 Since April 1998, Torbay Council took over from Devon
County Council the task of preparing the annual Transport Policies
and Programme. Following the White Paper on Integrated Transport,
this has now changed to preparing five year Local Transport Plans
(LTPs), which overlap with local plans, but extend to a greater
level of detail. The first Torbay LTP was submitted to the Secretary
of State in July 2000, and is updated yearly in an annual progress
report.
1.21 The Countryside Agency designates Areas of Outstanding
Natural Beauty (AONBs) and Heritage Coasts. Likewise, English
Nature designates Sites of Special Scientific Interest (SSSIs)
and the Local Plan cannot change these boundaries, which were
designated under an Act of Parliament. Similarly, Special Areas
of Conservation (SACs) are designated by the European Union.
Other landscape designations (such as Areas of Great Landscape
Value - AGLVs) are expected to be reviewed by the Local Plan
from time to time.
1.22 English Nature, Devon Wildlife Trust, the Council
and other bodies also publish Biodiversity Action Plans (BAPs)
that identify specific habitats and species. BAPs are linked
to the concepts of sustainability coming from the 1992 Rio Earth
Summit.
1.23 The Local Plan is expected to reflect a wide range
of strategic plans prepared by other organisations. These include
plans on health and lifestyle by bodies such as the South Devon
Healthcare NHS Trust and primary care groups; emergency services’ plans
including safer communities; the strategic plans of the statutory
undertakers (gas, electricity, water, sewage disposal and communications)
and those prepared by the Council for social services, education,
libraries, etc. The Plan also reflects the Council’s own
key development programmes as set out in the Economic Development
Strategy and Housing Partnership Strategy. As mentioned in point
6 of paragraph 1.1, the Plan should also correspond with the
Community Plan and the corporate priorities of Torbay Council.
1.24 Finally, the Local Plan recognises a number of established
environmental constraints in relation to scheduled monuments,
listed buildings, conservation areas, historic parks and gardens
and nature conservation, which have already been designated.
What is the time period covered by the Local
Plan?
1.25 The Local Plan covers the period 1995 to 2011. This
coincides with the Adopted Devon Structure Plan First Review
(1999) and current Regional Planning Guidance for the South West
(RPG10 - September 2001).
Figure 1: Relationship of Local Plan with
other key plans, strategies and organisations
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What happens next?
1.26 The requirements of the government set out in PPG12 ‘Development
Plans’ (1999) are that local plans should be updated at
least once every five years. Ordinarily, this would lead to the
production of a First Review of the Adopted Local Plan which
embraced an extended Plan period. However, under the new planning
system introduced by the Planning and Compulsory Purchase Act
2004, local authorities will be required instead to make the
transition to a Local Development Framework. This will require
local authorities to produce a Local Development Scheme (LDS)
setting out the timetable and scope of the LDF, including details
of the production of the various Local Development Documents
which will be introduced by the new legislation. An issues report
will be produced as a basis for preparation for the LDF, in order
to identify the various needs and pressures arising from the
demographic changes over the intervening period. It is anticipated
that an LDF for Torbay will be prepared over the next few years.
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