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E1.16(C) Yalberton Road, Paignton

The development of an employment park at Yalberton, Paignton (16.6 hectares net) is proposed. The following policy requirements will apply:-

(1) the development should be restricted to B1, B2 and B8 uses under the Use Classes Order;

(2) the development should reflect the visual prominence of the site in the context of adjoining residential areas while also responding to the character and scale of the setting;

(3) appropriate flood alleviation measures should be implemented in the context of Policy EP11;

(4) appropriate archaeological assessment should be implemented in the context of Policy BE9;

(5) a framework of strategic landscaping should be established as an integral part of the development, in accordance with Policy L10;

(6) measures for the protection of the existing landscape framework should be included, pursuant to Policy L8;

(7) the impact on areas of ecological importance should be minimised, consistent with Policies NCS and NC5;

(8) arrangements for access to the site should be subject to a Transportation Assessment (TA) which clearly sets out sustainable transport solutions for all means of travel, including pedestrians, cyclists and public transport. Vehicular access should be taken from a single new road junction on Brixham Road in the vicinity of the current junction with Roselands Drive, to serve the development of the allocated site as a whole. A secondary access will be required on Yalberton Road, in the vicinity of the current junction with Alders Way, to facilitate circulation within the site. Off-site highway improvements will be required as indicated by the TA;

(9) access arrangements will be designed to avoid a materially adverse impact on both the local and major road network of additional traffic generated by the development, having due regard to the proximity of the site to the major road network (Western Corridor route); and

(10) any proposal for the development of the site will be required to ensure that the site is developed in a comprehensive manner in accordance with the principles set out in a planning brief.

Explanation:

4.73 A major new area of land is identified for employment at Yalberton Road, Paignton (Policy E1.16). The area has a high visual profile and needs to be planned as a whole. A Planning Brief will be prepared in accordance with the criteria identified in paragraph 4.61 above, to guide detailed development. This must include a substantial element of planting as a landscape foil, without which the development will not be supported. The site must be served by improved access from the Ring Road and Section 106 Agreements will be necessary to achieve this.

E1.19(D) Long Road South, Paignton

The development of a prestige business park at Long Road South (11.8 hectares) is proposed. The following policy requirements will apply:-

(1) the development will be implemented in two phases, divided by Waddeton Road, identified as E1.19.1 (first phase) and E1.19.2 (second phase) on the Proposals Map. Development on Phase 2 to the west of Waddeton Road will only be permitted after the peripheral on-site tree planting and landscaping has been established for at least two planting/growing seasons, and is considered satisfactory by the Council;

(2) the development will be restricted to B1 uses under the Use Classes Order, although uses ancillary to B1 uses may be acceptable; B2 uses will not be acceptable;

(3) the layout, design, height of buildings and materials used in the development should respond to the character and scale of the landscape setting - this will include strict height controls and the use of recessive colours and materials, as set out in the Planning Brief; a high quality development is sought;

(4) the development should include the provision of on-site and off-site planting and structural landscaping works pursuant to Policy L10;

(5) appropriate flood alleviation measures should be implemented in the context of Policy EP11;

(6) appropriate archaeological assessment should be implemented in the context of Policy BE9;

(7) arrangements for access to the site will be subject to a Transportation Assessment (TA) which clearly sets out sustainable Transport solutions for all means of travel, including pedestrians, cyclists and public transport; off-site highway improvements will be required as indicated by the TA; and

(8) any proposal for development would be required to ensure that the site is developed in a comprehensive manner in accordance with the principles set out in the planning brief.

Explanation:

4.74 In October 1997, following a ‘call-in’ Inquiry in February-April 1997, the Secretary of State for the DETR turned down an application for a 31 hectare business park on a site alongside the Ring Road at White Rock, Paignton, primarily on the grounds of landscape impact, traffic impact, prematurity in relation to the Local Plan and loss of high quality agricultural land. The Inquiry Inspector accepted the seriousness of Torbay’s economic situation and his report made it clear that the Council needed to look comprehensively at issues of landscape, transport and alternative sites, although he did not rule out the possibility of a smaller business park on the northern part of the application site, which is more enclosed and does not impact onto the AONB in the Dart Valley.

4.75 In addition, current Regional Planning Guidance (RPG10) advocates provision for major strategic sites. The Adopted Devon Structure Plan (1999) makes provision for a prestige site (or business park) in Torbay.

4.76 RPG10 (Policy EC4) sets the criteria for major strategic sites to meet the need of major business users as:

• minimum site area of 12 hectares (but preferably over 50 hectares);

• flat land, free from significant constraints, in an attractive environment;

• close to large labour pool;

• appropriate infrastructure capacity, with good accessibility and capable of being served by sustainable modes of transport; and

• locational criteria include being in or close to Principal Urban Areas.

4.77 Torbay’s difficulty has been in finding a site large enough to comply with the RPG criteria. The important environmental constraints such as the Dart Valley AONB would effectively preclude expansion to the south of the White Rock farmhouse along the Ring Road, and long term options in other directions are also severely limited.

4.78 The Local Plan proposal for a business park on land to the south of Long Road, Paignton, Policy E1.19, occupies the northern 11.44 hectares of the previous Local Plan Consultation Draft White Rock site.

4.79 In accordance with the Inquiry Inspector’s advice, the Council has undertaken three important surveys:-

i) a review of the Areas of Great Landscape Value (AGLV) throughout Torbay, using independent consultants;

ii) a transport study of the Western Corridor, looking into sustainable alternatives to building a new Ring Road, again using independent consultants; and

iii) a further re-examination of alternative sites for a business park throughout Torbay.

4.80 The results of these surveys indicated that:-

i) the 11.44 hectare Local Plan site did not merit inclusion within the AGLV and that a combination of sensitive design and strategic landscaping would ameliorate any adverse impact on the adjacent AGLV and the more distant Dart Valley AONB;

ii) subject to sustainable transport measures, new development could be accessed off the Ring Road without the need for new road construction; and

iii) the proposed business park site at Long Road was the only suitable site in Torbay in terms of combination of sustainability factors (environmental impact, proximity to public transport and workforce and employment clustering) even though the size, at 11.44 hectares, was marginally below the minimum size threshold as outlined in Government planning advice.

4.81 In addition, the landscape implications of the proposed business park have been assessed from a number of vantage points on both sides of the River Dart. This exercise revealed that, whilst the elongated southern part of the original White Rock application (i.e. the land which has been deleted in the Local Plan Deposit and Revised Deposit Versions) was conspicuous from the a number of these vantage points, the reduced Local Plan proposal site could not be seen from the same vantage points. Sensitive tree planting and strategic landscaping and careful design would also mitigate any impact of development to an acceptable level.

4.82 Urban capacity work has shown that there are no brownfield sites in Torbay of sufficient size to accommodate a business park. Survey work revealed that in relation to a wide set of planning criteria, Long Road South emerged as the only area in Torbay which complies with the requirements for a business park.

4.83 The Planning Brief for the Long Road South site will encompass the following:-

a) main uses and phasing of development;

b) transport and access considerations including access to the Ring Road, main pedestrian circulation, cycle routes, parking provision and layout of car parks, road layout, sustainable transport arrangements (including a comprehensive travel plan);

c) a landscaping and planting scheme (both on and off-site);

d) details of the provision of infrastructure, including drainage lagoons and other flood control and sustainable drainage measures;

e) details of design, form, including footprints, size and strict height control of all buildings and storage areas, massing, roofscape, materials and recessive colours, and advertising;

f) the location and specification of external lighting;

g) a clear indication of the visual and functional impacts of the development on the AGLV (and the settlements within it) and the AONB; and archaeological assessment within the envelope of the proposed business park and in areas of off-site landscaping;

h) archaeological assessment within the envelope of the proposed business park and in areas of off-site landscaping.

E2 Town centre office sites

New office development on town centre sites, in particular schemes involving the modernisation and improvement of existing buildings, will be permitted so long as they do not conflict with other Local Plan Policies.

Explanation:

4.84 Torbay has relatively few people in office employment compared with many similar sized towns. However, developments in computer science and information technology are making it increasingly easy for specialist office units to operate away from their customers and their employers. Office employment could play an important part in widening the choice of job opportunities without adversely affecting the environment.

4.85 The accommodation of offices within existing buildings in suitable locations, or changes of use of premises above shops, is particularly suitable for smaller scale businesses, capable of co-existing with other uses in mixed use developments. Accommodating employment within town centres is an important step towards achieving sustainable development and relieving pressure on greenfield sites. Such an approach also contributes to the vitality of town centres. Policy S2 Town centre mixed use developments provides further guidance

4.86 Offices within Class B1 use will not be suitable on ground floors of Primary Shopping Frontages, where Policy S3 will apply. Proposals on the ground floors of Secondary Shopping Frontages will be assessed on the basis of Policy S4. Larger proposed sites suitable for office use are contained within Policy E1.

E3 Business Investment Areas

The following areas are identified as Business Investment Areas within which employment uses should be retained and developed. New light industrial uses (Class B1) and small-scale warehousing use (Class B8) will be permitted. Uses within Class B2 may be permitted on specific sites, subject to considerations of residential amenity and environmental impact. Proposals resulting in the loss of such floorspace and/or the introduction of inappropriate alternative users will also be subject to Policy E6.

(1) Fore Street, Watcombe, Torquay

(2) Newton Road / Old Woods Trading Estate, Torquay

(3) Lymington Road Corridor, Torquay

(4) Walls Hill Quarry, Babbacombe, Torquay

(5) Torre Station Yard, Torquay

(6) Torbay Trading Estate/New Road, Brixham.

Explanation:

4.87 The areas identified are suitable for continued or new employment uses but several are currently under-utilised. The Business Investment Area designation seeks to highlight the opportunities for employment use within such areas. Existing employment uses should be retained and the introduction of employment activities will be supported where opportunities arise. Although such a proposal may not bring forward a great deal of new land, it is highly sustainable since it retains and develops employment opportunities in already established employment areas in very accessible urban locations, achieving a more effective use of land. The term ‘small-scale warehousing’ refers to Class B8 floorspace which does not exceed 235 sq.m (2500sq.ft) of floorspace.

4.88 Fore Street, Watcombe, is occupied by a SWEB depot. Although part of the site was redeveloped for residential use in the late 1990s, there is still scope to achieve a more ergonomic use of the site. Should the site become surplus to SWEB’s requirements, it would be suitable for light industrial use. The amenities of dwellings in the vicinity will need to be considered.

4.89 The Newton Road / Old Woods Trading Estate is a long established business area in a highly accessible location which should be retained in employment use. The area would benefit from environmental enhancement, including the upgrading of roads, parking, boundary walls, and hard and soft landscaping.

4.90 The Lymington Road corridor contains a number of established businesses. Opportunities may arise for change of use of land in this location for additional business use. Although there are some dwellings within the area, the uses are predominantly commercial.

4.91 Torre Station contains a large amount of currently under-utilised industrial / storage land. Although there may be access and land assembly issues to resolve, these are not insurmountable and residential amenity is not a major constraint on the development of this area. It is important that any new uses of this site should fully embrace the potential offered by the adjoining railway station in terms of accessibility both for employees and movement of goods. (See also Policy T13 ‘Railway land’).

4.92 Walls Hill Quarry is currently a cement works. It is identified as a suitable investment opportunity for other employment uses that are compatible with the surrounding area, should the current use cease.

4.93 Torbay Trading Estate in Brixham is currently under-utilised and substantial scope exists for more intensive use of the site. Further details of the constraints are noted in the Explanation to Policy E4.

E4 Small Business Areas

Within the Small Business Areas listed below only Class B1 uses will be permitted together with any ‘sui generis’ uses which would not adversely affect surrounding residential areas by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.

Notes:

(1) The above sites are already in industrial use; therefore there is no net increase in industrial land arising from these sites and they are not included in the new industrial land total in this Plan.

+ this site is also identified as a Business Investment Area (Proposal E3).

Explanation:

4.94 Small Business Areas comprise concentrations of small businesses, workshops and light industrial units, often in converted residential properties which command low rents. They are situated within easy reach of large numbers of people in or near some of the most densely populated urban areas. They will help provide continued employment and to meet the demand for small business and light industrial units in Torbay from existing firms and potential new enterprises. Small Business Areas can be valuable ‘seed beds’ for the growth and development of small firms, which provide a substantial number of jobs within close proximity to much of their workforce. If successful, many may expand their activities creating additional employment opportunities.

4.95 It is accepted that in some of the Small Business Areas, e.g. central Torquay and in Coombe Road, Paignton, existing business and industry is within close proximity to occupied dwellings and that the possibility therefore arises of conflict of interest between the requirements of firms and residential amenity, both in relation to hours of business and traffic generation. The designation of Small Business Area status is intended to show acceptance by the Council of businesses and light industry in these areas. Traffic management can be a significant problem, and in some cases (e.g. Alexandra Lane) some traffic management measures may be necessary.

4.96 Brixham has been identified as being especially short of employment land. The Torbay Trading Estate, which is not fully utilised, does offer opportunities to secure new and improved employment use as well as some replacement ‘long term’ town centre car parking (see Policy T6.5). Many of the existing buildings are in a state of disrepair, some are vacant and part of the estate has been cleared. Moreover, existing vehicular access is unsatisfactory. Any new development will need to respect the existing tree screen around the periphery of the estate and which serves as an effective foil to mitigate the impact of industrial activity on the amenities of neighbouring residents.

4.97 With the exception of the harbour and waterfront areas and the Rea Barn Depot site, there are no appropriate alternative employment sites in Brixham because the surrounding areas of the town are designated variously as an Area of Outstanding Natural Beauty, Coastal Preservation Area, Area of Great Landscape Value and Countryside Zone. However, significant opportunities exist to create further employment in the harbour and waterfront areas (see Policy E7).

E5 Employment provision on unidentified sites

Planning applications for new employment on land and buildings on unidentified sites will be permitted where they:-

(1) contribute to the provision of a full range of business needs in Torbay, including starter units and small businesses;

(2) help to maximise the reuse of urban land and buildings;

(3) provide for employment opportunities which are within easy access of the local workforce by walking and public transport; mixed use schemes will be supported in principle,

especially in locations close to town centres and other focal points;

(4) do not adversely affect the built or natural environment; and

(5) do not have an adverse impact on neighbouring uses, such as loss of amenity, noise, light and air pollution and traffic and parking problems.

Explanation:

4.98 Given the level of landscape and environmental constraints, it is considered unlikely that major unallocated greenfield sites will be acceptable for employment development. The bulk of ‘windfalls’ are therefore likely to be smaller parcels of land or buildings often within the urban area.

4.99 Torbay has a shortage of employment land and the employment land provision in E1 falls short of the Devon Structure Plan allocation. Therefore the Council will support proposals for employment uses on unallocated sites, where these meet other relevant Local Plan criteria. In particular, proposals that utilise previously developed land and are well served by public transport will be encouraged. However, it is important that such proposals are acceptable in terms of their built and natural environmental impact and effect on neighbouring amenities.

4.100 Where amenity is an issue, it may be appropriate to impose conditions limiting the type of use or hours of operation. The Council will have regard to Policy E6 in respect of the retention of windfall sites for employment use.

E6 Retention of employment land

The change of use or re-development of existing employment land and/or buildings to/for any use outside Part B of the Schedule to the Use Classes Order 1987 will be permitted only when:-

(1) there would be no significant adverse effect on employment opportunities within the Local Plan area;

(2) the proposal would not have the effect of limiting the range and quality of sites or premises available for employment use in Torbay;

or where:-

(3) the proposed alternative use would achieve a more sustainable balance of uses in the Local Plan area; or

(4) the existing use is a cause of significant harm or nuisance to the amenity of the surrounding area and the environmental benefits of its replacement by an alternative use would outweigh the loss of employment opportunity.

The development of land allocated in this plan for employment purposes for uses other than those within Part B of the Schedule to the Use Classes Order 1987 will not be permitted.

Explanation:

4.101 Torbay has a limited supply of existing and potential industrial and warehousing land. The Council will seek to retain and improve existing employment land and buildings in order to meet its employment land provision requirements. Where employment land is lost to other uses, it will harm the stock of available sites and thus employment prospects. It is therefore important that this land is retained and that sites for proposed employment use are safeguarded as a valuable resource. There may occasionally be overriding reasons in the public interest to allow the loss of employment land; however, these will be the exception rather than the rule. Proposals for the relocation of businesses in unsuitable locations will only be permitted where the use is causing severe environmental or amenity problems that cannot be overcome.

E7 The Fishing industry and the Port and Waterfront of Brixham

The development and regeneration of the fishing industry and diversification of the Port and Waterfront of Brixham is proposed, together with marine related industry elsewhere within Brixham, subject to suitable access, parking provision and protection of marine wildlife and environmental quality.

Explanation:

4.102 Brixham’s fishing industry and port facilities are crucial to the economic well-being of the town and surrounding areas. The continued success of the port is dependent on improved berthing and maintenance/repair facilities for the fishing fleet and diversification into maritime commercial industries (e.g. bunkering, chandlery and coastal trade). In particular there is a need for storage and handling facilities on shore (see Policy E1.20). Successful diversification is probably dependent on the construction of a northern arm breakwater (Policy E8).

4.103 It is entirely appropriate to carry out port-related industry (e.g. lobster hatching or fish processing) either within the port of Brixham or on nearby industrial estates. However, fish processing and similar activities often generate smell. This may be acceptable given Brixham’s role as a working harbour. However, the Council would not wish to see the development of other ‘bad neighbour’ developments not related to the fishing industry. This will be a material consideration in determining applications. The Council will have regard to Brixham harbour’s wider use as a mixed-use tourism, shopping and residential area.

4.104 It is important that the fishing industry is carried out in a sustainable fashion. A number of nature conservation issues are central to this; in particular the conservation of fish stocks, and protection of marine mammals, particularly harbour porpoises. The Authority will seek to ensure that the marine environment is protected. Diversification of the fishing industry is essential if Brixham is to remain a thriving harbour.

4.105 European Objective 2 and other structural funds could help encourage such projects as fish landing facilities and harbour upgrading as well as town centre regeneration and company relocation.

4.106 The port of Brixham is ideally situated to serve rigs, boats and ancillary equipment associated with the off-shore oil drilling in Lyme Bay, should exploration and a resurgence of interest take place in the future.

4.107 The Council, in association with the local community, has commissioned consultants to investigate various options for the regeneration of Brixham. The tourism aspects of waterfront regeneration are covered in Policy TU1.

E8 Northern Arm Breakwater

A Northern Arm Breakwater is proposed at Brixham Harbour, subject to a full assessment of the impacts on water pollution, natural processes of the sea and marine ecology.

Explanation:

4.108 The Council is aware that the provision of a northern arm breakwater would transform Brixham into one of the largest deep water shelters in the South West. This would enable the diversification of port activity, create much needed additional employment and leisure opportunities and is supported by the Brixham fishing industry and other harbour users. The scheme may require minimal works to be carried out to the existing breakwater, including a short extension.

4.109 In addition to the cost implications, fears have been expressed by sections of the local community that a new northern arm breakwater would lead to increased silting and water pollution, as the natural processes of sea action and tidal scouring would be severely curtailed. This proposal will therefore be subject to the commissioned consultant’s appraisal of the economic, ecological and hydrographic implications of the scheme. Any requirement for an Environmental Impact Assessment will be considered in the context of Policy EPS Environmental Protection Strategy.

E9 Layout, design and sustainability

Approval of applications for commercial and industrial development will be subject to the following criteria:-

(1) traffic generated by the development must not overload the capacity of the highway system or adversely affect residential or other non-residential development;

(2) proposals must be in accordance with Policy T1 (Development accessibility);

(3) roads within the site should be capable of adoption, unless there are overriding reasons why this is not practicable or appropriate;

(4) adequate loading, off-loading and manoeuvring space for vehicles shall be made within new or enlarged industrial sites; the level of car parking provision within the site should be limited to that required for operational and accessibility purposes;

(5) development should not lead to significantly reduced daylight or cause undue environmental disturbance (such as noise, vibration, smell or dust) to adjacent residential properties; where appropriate, restrictions on the use of hours of operation of the site will be imposed;

(6) there shall be no adverse effect on nature conservation; where necessary, developers will be encouraged to introduce measures to protect wildlife;

(7) where appropriate, landscaping or improvements to existing landscaping may be required, especially in prominent locations;

(8) proposals for development in individual estates should contribute to the environmental enhancement of the locality and, where possible, to the improvement of traffic management in the area; and

(9) open storage of industrial goods or containers will be resisted if such activity is considered to be visually unacceptable or where other environmental considerations make it undesirable.

Explanation :

4.110 The location of employment uses should be determined on the basis of the strategy set out in Policy ES and the allocations set out in Policy E1. Sometimes commercial and industrial development will need to be located on the edge of the urban area adjacent to major traffic routes. Such development is often in prominent locations (as at the entrance to Torquay along the A3022 Riviera Way and on the Ring Road at Paignton) and can form a lasting impression on the visitor to the area.

4.111 The operational side of industrial activity can in some circumstances have serious transportation as well as visual consequences on the area and on adjoining users. The Council, when assessing employment proposals, will require that adequate provision is made in terms of highway design, traffic movement and circulation on and off site (see Policy T1), as well as adequate landscaping requirements.

4.112 It is important that new employment development does not adversely affect the high quality environment of the area, both for its own sake and because the environment is an important tourism resource. The need to protect the area’s attractive environment is especially critical in the areas adjoining the open countryside, or where such areas are close to or visible from the main residential areas. The use of strategic screen planting can be used to great effect, minimising the effect of modern industrial buildings (see Policy L10).

4.113 Existing landscape features and wildlife habitats should be retained and incorporated into landscaping schemes where possible. The need for a safe environment is equally important and crime prevention measures are detailed in Policy CF2.

4.114 The improvement of peoples’ working environment is just as important as that in which they live, go shopping, or pursue leisure activities. Industrial sites should be designed with this in mind.

4.115 The Built Environment Chapter of the Local Plan (Chapter 14) seeks to engender a high standard of design and to protect sensitive areas. Further detailed guidance is provided in Section 5 of the Environmental Guide (New Business and Industrial Development).

4.116 The impact on wildlife sites is also a material consideration (see Policies NC2 and NC3). Measures to allow wildlife to co-exist with development, such as animal tunnels will be encouraged. In appropriate circumstances planning conditions or Obligations will be used to prevent damage to wildlife habitats, important species or physical features.

E10 Home working

The operation of small businesses by individuals in their homes will be permitted provided that there is no adverse environmental impact, the amenities enjoyed by the occupants of neighbouring properties are not adversely affected and there is no significant impact on traffic and parking in the area.

Explanation:

4.117 The increase in information and communications technology (ICT) will make home-based working a more realistic option during the remainder of the Plan period. This may be partly on a self-employed basis. However, this policy is not a self-employed persons’ policy and relates to the practice of working from home. It will also reduce the need to travel, which accords with the Government’s sustainable transport strategy.

4.118 It is also true that a wide variety of sizes and types of work places are required to accommodate the needs of businesses in the most flexible manner possible, commensurate with environmental safeguards. This wide range includes the option of working from home, which is the starting point for many fledgling and innovative businesses. This way of encouraging business expansions is seen as energy and cost effective.

4.119 Where it is a very small-scale operation, a business carried out from a dwelling will be de-minimus and not require express planning permission. Ultimately it is a matter for legal determination whether a material change of use has occurred. However, as a general guide, businesses carried out from home will require planning permission where the residential character of the building is lost, people are employed at the premises who do not live there, or where significant traffic is generated by the business.4.120 Where express planning permission is required, the Council would expect the business activity to remain ancillary to the main domestic use. Where necessary, the Council will impose conditions limiting the extent of operations to ensure that they do not harm the amenities of the neighbourhood.

4.121 In addition, home-based businesses will only be permitted if they do not adversely affect the amenities enjoyed by neighbouring residents, for example through increased on-street parking or a noticeable increase in traffic. They must fall into the B1 Use Class and will normally be office based, leaving the character and overall domestic use of the building unchanged.