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Introduction

16.1 If the Local Plan is to be realistic in relation to its strategic aims (see Chapter 2) and provide a reasonable framework of certainty for all sections of the community, including those wishing to bring about change, it must have regard to how its policies and proposals are to be implemented.

16.2 The Council cannot achieve the Local Plan objectives on its own. The social, economic and political environment currently affecting local government dictates that many of the provisions of the Local Plan will rely on the private sector for implementation. The situation has not changed after Torbay became a unitary authority in April 1998, although some proposals (e.g. for transportation schemes, schools and libraries) have now become the responsibility of the new Council. Furthermore, the likelihood is that the Council will continue to rely heavily on the private sector for implementation in future, or joint partnership arrangements where appropriate.

16.3 Most of the policies in the Local Plan rely on the development control process for implementation and do not generally incur capital expenditure on the part of the Council. However, planning conditions imposed by the Council and legal agreements related to planning applications may incur considerable expenditure on the part of the developers. The robustness of these Local Plan policies was tested at the Local Inquiry in 2001-2002.

16.4 Development control policies generally guide development, ensuring that new development is appropriately located and that environmentally sensitive areas are protected. In an area as sensitive as Torbay, this part of the planning process is essential to achieving high quality and sustainable development. The Environmental Guide provides supplementary advice and guidance to developers and their agents and is considered by the Council to be a very important part of this process.

The environmental agenda

16.5 In seeking to achieve sustainable development, the environmental and ecological implications of all relevant planning applications will be assessed in accordance with Circular 2/99 ‘Environmental Impact Assessment’, which gives guidance on the appropriate Regulations. In appropriate cases, developers will be required to prepare an Environmental Statement and the Regulations have been amended to increase the types of developments affected. Although the list of developments where an EIA is required (Schedule 1) is unlikely to affect Torbay, with the exception of the waste water treatment works (Policy W4), the list of developments where an EIA may be required (Schedule 2) includes several types of development which may affect Torbay, depending on thresholds. This list includes certain types of manufacturing and industrial estate development, certain urban development projects (e.g. shopping centres, leisure centres, multiplex cinemas), certain harbour and port installation works, coastal works to combat erosion, marinas, theme parks, permanent camp sites, caravan sites and golf courses. The thresholds relate to size; cumulative impact; use of natural resources; production of waste; pollution and nuisance; and risk of accidents. Policy E8 refers to the need to assess fully the environmental impacts arising from the new Northern Arm Breakwater in Brixham.

The Council as landowner

16.6 Local Plan proposals for development, redevelopment or environmental enhancement depend on investment by the public and/or private sector as well as the availability of sites at the right time. The Council, as a major landowner, has a key part to play in some of the main development opportunities which are proposed during the Plan period. These Council-owned sites could increase Torbay’s attractiveness for further investment and stimulate the implementation of other proposals in the Local Plan.

16.7 The Council has carried out a review of all its land and holdings. Some of the Local Plan development proposals have arisen from this process. Council owned land will of course be subject to the same considerations of acceptability in terms of planning merit as other sites.

The Council as enabling authority

16.8 As an enabling authority, the Council is involved in securing implementation through involvement in a number of sectors. Since achieving unitary status in April 1998, the following list includes areas of responsibility previously carried out by Devon County Council. The sectors of implementation include:-

• promoting economic regeneration through the Council’s Economic Strategy and in partnership with the Torbay Development Agency, the Business Forum and key members of the local business community. This includes actively seeking European and UK Government funding through Objective 2 and other programmes. Close liaison with the South West of England Regional Development Agency is essential

• encouraging the revitalisation of the three town centres and other focal points through appropriate town centre management measures in liaison with the South Devon Chamber of Trade. The Council also liaises with other groups representing retail and commercial interests

• promoting tourism development in liaison with South West Tourism, the Torbay Development Agency, the Torbay Business Forum and key members of the tourism community, such as the Torbay Hospitality Association, through the Council’s Tourism Development Strategy

• securing improvements and promoting economic and recreational regeneration in and around the harbours, including the Torquay waterfront project, in its role as Harbours Authority and in consultation with the fishing industry and other user organisations

• facilitating the development of new affordable housing and renovating both public and private housing stock in liaison with the Torbay Housing Partnership and the Housing Corporation, through the Partnership Strategy 2003 - 2006. The Council has transferred its housing stock to the Riviera Housing Trust. This, and the other registered social landlords, are key partners in achieving the affordable housing objectives in the Local Plan and Affordable Housing Supplementary Planning Guidance

• developing new schools and expanding and improving existing schools in liaison with the school heads and other key staff, governing bodies and other relevant organisations

• providing for a range of community facilities, including developing and improving the library and museums services, social services facilities, community / advice centres, cemeteries, public conveniences and civic amenity sites, through the Council’s own Capital Programme and other relevant organisations

• securing sustainable transport improvements such as improved public transport interchanges, bus penetration, cycleways, pedestrian schemes and footpaths, traffic calming, car park improvements and limited new road construction, in liaison with transport stakeholders and consultees, and through the Council’s Local Transport Plan

• enabling the treatment of waste water and the cleaning up of the sea through the construction of a new waste water treatment works, new and improved pumping stations, new main sewers and an extended sea outfall, in liaison with relevant local organisations and South West Water

• encouraging the development of new and improved facilities for culture, sport, recreation and leisure, through liaison with local organisations. The Council has recently completed strategies for Sport and Culture

• promoting the management and selective development of the countryside for recreational and conservation purposes through the Torbay Coast and Countryside Trust and in the AONB through the South Devon Joint Advisory Committee with South Hams District Council

16.9 The Council has recently produced the Torbay Community Plan, to promote the economic, environmental and social well-being of Torbay and to contribute towards sustainable development in partnership with local communities, organisations and interest groups. The Local Plan plays a key role in determining the long-term vision of the Community Plan and providing a spatial planning framework for implementation of its objectives.

Other important agencies

16.10 The statutory undertakers have capital programmes which can act as constraints to development if the necessary additional capacity and improvements are not programmed to be in place at an early stage. South West Water already operates an embargo in the Galmpton area in relation to the Galmpton Sewage Treatment Works and the provision of new sewers and updated water supply will be required to be funded by developers in many circumstances. South West Water is implementing a major programme of infrastructure improvements known as ‘Operation Clean Sweep’. Central to this is the new Waste Water Treatment Works at Brokenbury Quarry and ancillary works. This will not only influence residential and employment development but also clean the sea around Torbay’s beaches, bringing significant tourism and environmental benefits.

16.11 South Devon Healthcare NHS Trust has an extensive capital programme which includes provision for the expansion and improvement of Torbay District General Hospital, community hospitals, clinics and related development.

Regional assistance and European funding

16.12 Since August 1993, Torbay has been within an Intermediate Area which qualifies for regional selective assistance from the U.K. Government. Grants are available for projects which either provide additional or safeguard existing jobs. 19 firms have received about £8.18 million of grant aid as part of around £66.6 million of investment, principally in the manufacturing sector. Three of Torquay’s town centre wards were awarded funding under Round 5 of the Single Regeneration Budget of £2.66 million for Harbourside and Waterfront regeneration and community projects.

16.13 Between 1994 and 1999, the southern half of Torbay, to the south of Totnes Road, was designated an Objective 5(b) Area by the European Commission, primarily to offset the effect of the Common Fisheries Policy and other structural problems facing the local economy.

16.14 Grant approval has already been secured for Objective 5b funding aided industrial development at Rea Barn, Brixham, an all-weather environmental park in Paignton Zoo, a training centre at Paignton Community College, the Goodrington Seashore Interpretation Centre, the development of industrial units and infrastructure at Long Road, Paignton and Brixham Town Square.

16.15 Objective 5b has been replaced by Objective 2 which is intended to combat unemployment and regenerate areas of industrial and rural decline. Six of Torbay’s 12 former wards are now eligible for funding under Objective 2 which could amount to £25 million during the period 2000-2006. It is highly unlikely that significant EU funding will be available after 2006. Objective 2 is therefore a limited window of opportunity for regeneration schemes in Torbay.

16.16 Other sources of funding include the National Lottery and grants given by smaller organisations. Advice on the availability and bidding procedures is provided by the Torbay Development Agency (TDA).

16.17 Grant aided projects must be built up as partnerships. This is partly because of the need for regeneration to benefit and enhance the capacity of the community, rather than simply provide physical works. Secondly, partnership is essential to obtain matched funding and to ensure that schemes are financially viable and not forever dependent upon (unavailable) grant assistance. The regeneration of Torquay Harbourside and Waterfront is a key case in point.

Programming and phasing

16.18 The policies and proposals in the Local Plan are intended to guide development in Torbay up to the year 2011, in accordance with the strategic framework set by Regional Planning Guidance and the Devon Structure Plan.

16.19 Precise programming and phasing provisions for development envisaged in the Local Plan would be problematic in many instances for a number of reasons:-

i) most of the development proposed is to be implemented by the private sector, and is subject to market restraints. It is nevertheless clearly necessary for the Local Plan to provide a positive planning framework which gives guidance for change in a market-led economy;

ii) in relation to employment provision, the Plan proposes development on a relatively wide variety of sites in order to address the serious level of unemployment in Torbay; and

iii) most proposals in the Local Plan are modest in scale and being situated within the established urban area of Torbay, will not require and will not be dependent upon the provision of substantial new physical infrastructure, although community provision - especially schools - needs to be provided to a satisfactory standard.

16.20 A major exception to this is the development of housing. PPG3 ‘Housing’ (2000) indicates the need for phasing to minimise development of greenfield sites. The Council also views phasing as necessary if growth is to be limited to the level of provision set out in the Devon Structure Plan, in order to secure a longer term supply of housing land and to prevent housing development outstripping employment or community facilities. Accordingly, the Local Plan housing proposals are divided into two phases (1995-2005 and 2006-2011). Sites have been phased so as to encourage the early release of brownfield sites, in accordance with Policies H1 and H1A.

16.21 Phasing of large housing sites is important in order to ensure that provision of new housing does not outstrip the provision of essential physical and social infrastructure. Phasing has previously been implemented in relation to Scotts Bridge/Barton in Torquay and Great Parks, Paignton. Phasing is to be implemented at Dolphin, Brixham (Policy H1.22 / H1.22A) as set out in the planning brief.

16.22 It is important to ensure that the provision of new housing does not outstrip the provision of essential physical and social infrastructure, and the Council intends to continue monitoring the situation in liaison with the lead developers.

Monitoring

16.23 Monitoring of development is essential to ensure that:-

• the Plan is kept up to date;

• policies are being used effectively;

• development is occurring in accordance with Government guidance, Regional Planning Guidance and the Devon Structure Plan;

• an adequate supply of land is being maintained which is released in a managed way;

• the emphasis on developing brownfield land is secured, in relation to greenfield sites (through managed release of sites);

• there is adequate provision of affordable housing; and

• phasing of development occurs satisfactorily.

16.24 Regular monitoring is already carried out by the Council and includes the following activities:-

• housing land availability and completions, including general needs and affordable housing, carried out annually;

• urban housing potential, carried out in 1998 for the first time - the intention is to carry out reviews on a regular basis;

• employment land availability and completions including an assessment of constraints, carried out annually;

• Principal Holiday Accommodation Areas, carried out annually;

• travellers, carried out annually;

• shopping developments, and retail and commercial frontages within town centres and district shopping centres, carried out bi-annually;

• unemployment, on a monthly basis; and

• analysis of planning applications, permissions, refusals and appeals, as and when required.

16.25 In addition, specific in-depth surveys have been either commissioned or carried out directly by the Council in recent years into the following subjects:-

16.26 The County Council also monitors tourist visitor numbers, including details of length of stay, type of accommodation used and occupancy rates. Other topics, including various indicators of environmental quality, mineral extraction and waste, now fall to Torbay Council as a Unitary Authority. This and the requirements of PPG3 significantly increases the Council’s responsibilities to monitor developments.

16.27 The need to pursue effective monitoring arrangements is clearly an essential component of the ‘plan, monitor and manage’ approach that underpins the development plan system. The above paragraphs highlight the importance of measuring the performance of the Local Plan and outline the monitoring work and special studies that are carried out to assist this task. Monitoring needs to meet the twin objectives of establishing the extent to which the Local Plan is being implemented and to assess the Plan’s effectiveness. This framework will need to relate closely to the monitoring system in place for the Devon Structure Plan and Regional Planning Guidance for the South West.

16.28 In this context, measurement of progress towards meeting the specific objectives linked to the Local Plan’s seven Strategic Aims (see Chapter 2: Local Plan Strategy) will be based on the application and development of a range of broad ‘topic indicators’. These will form the basis for measurement and will be refined, supplemented or replaced as necessary as knowledge and best practice evolves. Indicators or targets may not always be appropriate for individual policies and proposals - in some cases, groups of policies may be measured by particular indicators or groups of indicators. In many instances, there will also be a degree of overlap between indicators and the policies to which they relate.

16.29 Certain objectives can be measured by having regard to indicators set out in related documents, such as the Local Transport Plan. Determination of planning applications in accordance with the Local Plan policy framework will be a critical means of implementing specific policies and proposals and thus the achievement of Plan objectives. The way in which policies and proposals accord with national planning policy guidance, and therefore the degree of support received from central government, can in turn be measured by the number of appeals that are allowed or dismissed. The application of a comprehensive monitoring process will have significant resource implications. As a result, the identification of indicators to be developed and the evolution of measurable targets will be applied selectively.

16.30 The Strategic Aims and objectives, set out in detail in Chapter 2 of this Plan, are outlined below together with their associated topic indicators:-

Figure 32: Strategic aims, objectives and associated topic indicators

Review

16.31 The period of this Local Plan runs up to 2011. This end date is in line with the Adopted Devon Structure Plan First Review (1999) and current Regional Planning Guidance. It will be necessary, however, in respect of the housing and employment projections, not only to take on board Government guidance but also to keep the Local Plan under review. This is important in order to keep it up-to-date, to ensure that significant under or over-provision of land for development does not occur, and to respond positively to social, economic and environmental issues that arise during the Plan period. The plan, monitor and manage approach, assisted by the use of indicators, will underpin this process. However, the introduction of the Local Development Framework (LDF) under the new planning system will now perform the function of the first review of the adopted Plan. The preparation of a Local Development Scheme (LDS) within 6 months of the Planning and Compulsory Purchase Act 2004 coming into force will mark the start of this new system, setting out the Council’s approach to preparation of the LDF.

16.32 The four aims of sustainable development for the United Kingdom (see paragraph 2.26 of Chapter 2 Local Plan Strategy) are linked to 15 headline indicators and a further 150 more specific indicators, which will be used to monitor progress and the effectiveness of both land use planning and transportation to achieving sustainable development. These are set out in the accompanying document ‘Quality of Life Counts’ (1999) and 2004 update.

16.33 The Government also requires monitoring of government policy at the regional level. The Sustainable Development Framework for the South West, prepared by Sustainability South West for the South West Regional Assembly, has set out a range of objectives and indicators relating to a series of themes, including sustainable communities, business and work, development and planning, natural resources, biodiversity, transport and tourism, in line with this requirement. This is likely to form the basis for future review of Local Plan / LDF policies in the next few years.

16.34 An important element in the Council’s review process is its Best Value Performance Plan (BVPP). The aim of the BVPP is to inform local people about how well Torbay Council is working to supply the right services, economically and efficiently. This affects the Council’s planning service, as it does every other aspect of Council service delivery. Specific Best Value Performance Indicators are in place which relate to preparation of the development plan / LDF, delivery of the planning system and brownfield / greenfield housing development.