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5. TOURISM (cont'd)

TU5 New holiday accommodation

Proposals for the development of, or change of use to, new hotels, guest houses or holiday apartments will be acceptable in principle in or on the edge of Principal Holiday Accommodation Areas and in other locations where concentrations of holiday use already exist. Applications outside these established holiday areas will be permitted where proposals do not conflict with landscape protection policies and do not have a detrimental effect on the amenities of the surrounding area, in terms of traffic generation, wildlife impact, visual impact or general levels of activity.

Explanation:

5.49 Although there is a general contraction in Torbay’s stock of holiday accommodation, the Council recognises that the introduction of additional new facilities may be appropriate, particularly where they can contribute to the enhancement of the quality and range of existing bedspaces. New accommodation may vary from a change of use to a small guesthouse to the construction of a new hotel with the full range of facilities. Each type of facility will have a contribution to make within the overall level of provision in the resort. The creation of new bedspaces will also be supported as part of mixed tourism/leisure investment schemes.

5.50 The aims of this policy are to support new provision in suitable locations whilst protecting the amenities of residential areas and the countryside, and minimising conflict between residents and visitors.

5.51 Whilst it is accepted in principle that Torbay should actively promote the improvement of its bedspace stock, there is clearly a need to control and channel such developments in order to protect existing amenities and resources. Given the nature of their use, methods of operation, traffic generation and overall levels of activity, it is likely that any further major development or intensification of hotels, guest houses and holiday apartments will be most appropriate in areas where holiday uses are well established. Large new hotels offering facilities for banqueting conferences and entertainment, which serve the wider community will usually be acceptable only in areas of established holiday, leisure or commercial activity.

5.52 Applications outside established holiday areas will be supported if it can be demonstrated that the proposed use meets the relevant criteria set out in other appropriate Local Plan Policies, in particular with regard to amenity, landscape protection, wildlife and transportation.

TU6 Principal Holiday Accommodation Areas

Proposals for new building, extensions, change of use or other developments which are to the detriment of the character and function of the Principal Holiday Accommodation Areas (PHAAs) identified below will not be permitted:-

(1) Babbacombe Downs, Torquay.

(2) Newton Road, Torquay.

(3) Torre, Torquay.

(4) Belgrave Road, Torquay.

(5) Torwood Gardens, Torquay.

(6) Meadfoot Road, Torquay.

(7) Meadfoot Sea Road, Torquay.

(8) Torbay Road seafront, Torquay.

(9) Preston seafront, Paignton.

(10) Paignton seafront - North.

(11) Paignton seafront - South.

(12) Roundham Road West, Paignton.

(13) Roundham Road East, Paignton.

The loss of holiday accommodation or important tourism-related facilities may, however, be permitted within PHAAs where the following criteria apply:-

a) the premises lack an appropriate basic range of facilities and do not offer scope or potential for improvement, thereby failing to meet the reasonable requirements of the tourist;

b) the premises have restricted bedspace capacity, having a limited number of bedrooms (if serviced accommodation) or apartments (if self-catering);

c) the loss of the premises would not be to the detriment of the holiday character of the particular locality, nor set an unacceptable precedent in relation to the concentration and role of nearby premises; and

d) the proposed new use or development is compatible with the surrounding tourism-related uses and does not harm the holiday character and atmosphere of the PHAA.

Explanation:

5.53 Principal Holiday Accommodation Areas (PHAAs) are regarded by the Council to be of fundamental importance to tourism in Torbay. They are the ‘shop windows’ of the industry and as a consequence the Council will seek to resist any changes which have a detrimental or undermining effect on their function and character. Such changes may include the loss of existing tourist facilities or accommodation and/or the introduction of inappropriate non-tourism oriented uses, either by change of use or proposals for redevelopment. In addition, the design, massing and location of new developments, including extensions, will also be material considerations.

5.54 PHAAs are defined in accordance with criteria relating to concentrations of holiday accommodation, holiday character, proximity to tourist facilities and accessibility.

5.55 PHAAs are areas where there is a concentration of hotels, guesthouses and/or holiday apartments which form an important part of the overall stock of bedspaces. About 45% of hotels and guesthouses and 14% of holiday apartment premises are situated within the thirteen PHAAs. As a result of such concentrations, tourism is visibly the predominant land use and this in turn creates a distinct holiday atmosphere. Such locations are a focus of tourism activity and may provide attractive views for customers. They are generally well-related to tourism facilities including the seafront, harbourside, principal holiday traffic routes, and other established and accessible holiday attractions.

5.56 There will inevitably be variations in holiday character and atmosphere within and between individual PHAAs which will be attributable to type of tourism, topography, townscape and location. Certain areas will therefore not necessarily offer good views or be on main traffic/pedestrian routes.

5.57 Some resorts have adopted a two-tier policy of affording “core” areas, such as seafronts, higher protection than areas of holiday accommodation elsewhere. This approach is not considered appropriate in Torbay because of its range of different types of holiday area, not all of which conform to a traditional esplanade / golden mile type configuration, but which nevertheless have an important role to play in their own right.

5.58 The decline in visitor numbers since 1977 has already contributed to a significant loss of holiday accommodation (mainly hotels) to other uses, including elderly persons’ homes and residential flats. In preparing the Revised Deposit Version of the Local Plan (2000), the function and boundaries of PHAAs were carefully reviewed and discussions held with various interested bodies. Holiday accommodation within PHAAs has been reduced by about 19%. Changes have been made to ensure that boundaries are realistically drawn and to accommodate the changing nature of the tourism industry. However, it is considered important that the character of PHAAs remains protected and that an unrestricted move out of holiday use should continue to be resisted, as this would undermine the stock and range of bedspaces. The Torbay Principal Holiday Accommodation Areas Monitor is carried out annually in order to assess the effectiveness of this Policy.

5.59 Whilst this Policy therefore seeks to ensure the retention of the holiday atmosphere of the PHAAs, it is nevertheless recognised that in certain circumstances it may be appropriate to allow changes to take place. Although continued investment is necessary to remain competitive, some premises may, for example, offer little or no potential for refurbishment or development to provide an appropriate level of tourist accommodation and associated facilities.

5.60 In reaching a decision on applications involving a loss of holiday accommodation or other important tourism related facilities, the Council will take into account the overall level of facilities provided, the potential for the upgrading of facilities and the number of bedrooms / apartments. Siting, including accessibility and visual prominence, relationships with other accommodation and effect on overall holiday character will also be considered. However, under-investment and general lack of maintenance will not be accepted as justification for loss of inherently suitable and appropriately located holiday accommodation. Management and marketing will clearly also influence the commercial viability of businesses and this issue will also be a relevant consideration.

5.61 In circumstances where the loss of holiday accommodation may be appropriate, the Council will consider the contribution that the new use of the building would make to the character of the PHAA. In the first instance, tourism-related activities will normally be supported as alternative uses. It will usually be the smaller hotel/guest house or holiday apartment business (typically with 6 or less bedrooms, or 4 or less units) which is more likely to be granted planning approval for change of use to non-holiday uses as an exception to this policy.

5.62 Such properties are likely to be suitable for use as single family dwellings. Suitable commercial uses may also be acceptable in appropriate locations. Institutional uses such as elderly persons homes, nursing homes and hospitals may detract from the overall holiday character of PHAAs and may be resisted. For similar reasons, the change of use to hostels is likely to be unacceptable in such areas (see Policy CF3).

5.63 Changes of use which maintain a holiday accommodation presence (e.g hotel/guest house to holiday apartment, or vice versa) are acceptable in principle, subject to normal development control considerations, provided that such a change does not impact on the tourism role of the resort in an unacceptable way. Change of use from serviced accommodation to holiday flats should not be seen as a first step to achieving residential use. Where appropriate, permissions for holiday flat use will be subject to conditions requiring that they are for holiday occupancy only.

TU7 Change of use or redevelopment of holiday accommodation outside Principal Holiday Accommodation Areas

The redevelopment or change of use of hotels, guest houses and holiday apartments to non-holiday accommodation will be permitted outside the Principal Holiday Accommodation Areas (PHAAs) where:-

(1) the loss of the holiday accommodation would not undermine the holiday character in the locality, or the range of tourism facilities or accommodation offered by the resort;

(2) the site of the accommodation is of limited significance in terms of its holiday setting, view and relationship to tourism facilities; and

(3) the new use would be compatible with the character and other uses in the area

Explanation:

5.64 The holiday character and quality of the resort is the product of its setting and the facilities and accommodation within it. Some 55% of hotels and guesthouses and 86% of holiday apartments are located outside the thirteen Principal Holiday Accommodation Areas (PHAAs). However, it is significant that some 8,100 bedspaces in hotels/guesthouses and holiday apartments have been lost in Torbay as a whole between 1981 and 1994, a reduction of almost 20%. Between 1994 and 1999 there was a further loss of some 1900 bedspaces in the same type of accommodation, a decline of about 6%.

5.65 It is recognised that this contraction in the supply of holiday accommodation is likely to continue. It is generally acknowledged that providing a high quality product is essential in today’s market. Therefore a managed reduction in bedspace numbers is considered acceptable, so long as there is a commensurate improvement in the quality of remaining stock. Policy TU6 sets out guidance relating to PHAAs, where the Council wishes to retain the predominantly holiday use.

5.66 Policy TU7 seeks to allow for greater flexibility outside PHAAs and to encourage suitable alternative uses where the loss of holiday accommodation is appropriate. However, there are a number of premises located outside of PHAAs whose loss would be undesirable, due to the range of facilities offered, visual prominence, contribution to the holiday character of the area or bedspace capacity.

5.67 Investment is necessary to remain competitive but some premises may not offer any potential for refurbishment or development to provide an appropriate level of tourism accommodation and associated facilities. The commercial viability of holiday accommodation businesses may therefore be a relevant consideration, together with management and marketing. However, under-investment and general lack of maintenance will not be accepted as justifications for redevelopment or change of use of inherently suitable and appropriately located holiday accommodation.

5.68 Examples of clusters of holiday accommodation also exist outside PHAAs. Although of less significance than PHAAs, individually and collectively they make a contribution to the overall holiday character and role of the resort. The Council will be concerned to ensure that changes of use do not set a precedent for further changes that may undermine the holiday character of such areas.

5.69 In circumstances where the loss of holiday accommodation is considered acceptable, the Council will be particularly concerned to ensure that the replacement use respects the amenity and character of this surrounding area. Changes of use which maintain a holiday accommodation presence (i.e. hotel/guest house to holiday apartment, or vice versa) will be supported in principle in those locations where the retention of a holiday accommodation use is acceptable.

5.70 Where applications meet the criteria set out in this Policy, the type of alternative use proposed will be subject to the relevant policies set out in the Local Plan. To assist the diversification and restructuring of the local economy, and the sustainable development of land, commercial, leisure and residential uses will be supported in principle within the urban area. The new use should be compatible with the character and operation of other uses in the area. In predominantly commercial areas, offices and other professional services may be the most suitable use. Self-contained dwellings will usually be the most appropriate form of housing in “transitional” areas of mixed holiday and residential use. Such ‘windfalls’ will have the added benefit of relieving pressure on greenfield sites for new housing. The Council’s affordable housing policies, particularly Policy H6, may apply where holiday accommodation is converted into residential use.

TU8 Winter letting of holiday accommodation

During the winter months (i.e. outside the main holiday season of Easter to the end of October), short-term residential letting will be permitted in holiday flats where:-

(1) the use is strictly temporary in nature (i.e. it lasts no longer than a maximum of six months, after which time the holiday use shall resume);

(2) there is a resident owner/manager on site with their own separate, permanent on-site accommodation; and

(3) the use does not undermine the function, character or appearance of the surrounding area, or adversely affect the amenities of the neighbouring properties.

The use of hotels/guest houses for winter letting will only be permitted where the use would not conflict with the role or function of PHAAs or be to the detriment of the tourist character of other areas, would not adversely affect the viability of neighbouring uses or harm residential amenity.

Explanation:

5.71 The letting of holiday flats to non-holidaymakers during winter months is a well-established practice. It can contribute to the viability of holiday accommodation and keeps premises occupied. Winter letting is taken to mean letting to people for non-holiday or other tourist purposes.

5.72 The practice of winter letting of holiday flats is often contrary to planning conditions, in which case planning permission is required. The above policy establishes criteria for considering the planning merit of applications for such proposals.

5.73 It is important that the non-tourist use is strictly subordinate to the holiday use of accommodation and does not harm the character of the area. On-site management by the owner or professional manager has been shown to be important as a way of minimising problems associated with winter letting. Where it is not practical to provide on-site management, for example in the case of small premises of holiday flats, alternative measures of management, such as a local telephone contact for an owner/manager, may be acceptable. However, applicants should be able to show that adequate control over premises is achieved.

5.74 Longer term residential letting of hotels and guest houses is a material change of use requiring planning permission. Torbay is seeking to maximise its all-year-round tourism and it is important that an adequate range of facilities is provided on this basis. It is not usually appropriate, therefore, to allow winter residential letting in hotels/guest houses within PHAAs. Winter letting of hotel/guest house rooms may also be problematic outside PHAAs in terms of its effect on the character of the area and impact on neighbouring uses. In addition, serviced accommodation is unlikely to offer a satisfactory long term living environment.

5.75 Applications for the change of use of holiday accommodation to permanent residential or other use will be subject to Policies TU6 (development within PHAAs) and TU7 (development outside PHAAs). Applications specifically for the permanent use or development of accommodation for the purpose of a hostel will not be permitted within PHAAs, or where they fail to meet the criteria set out in Policy CF3.

TU9 Refurbishment and development of new holiday centres and parks

Proposals for new holiday parks, chalet, caravan and camping sites, or schemes for the refurbishment and upgrading of existing facilities will be permitted, provided that the following criteria can be met:-

(1) the development does not have an adverse impact on the landscape conservation, nature conservation and agricultural characteristics of the area or involve the loss of best and most versatile agricultural land;

(2) the development is acceptable in terms of transportation, access and safety considerations; and

(3) the proposal does not adversely affect the amenities of any adjoining residential areas.

Explanation:

5.76 Holiday centres and parks form an important part of Torbay’s tourism infrastructure. Holiday and touring caravan parks are likely to form an increasingly significant part of the self-catering tourism sector. Evidence suggests that existing facilities are well used.

5.77 The Council recognises the need to remain responsive to changes in the tourism market and the corresponding demand for new facilities.

5.78 The opportunities for development of further major new holiday centres and parks in Torbay are, nevertheless, extremely limited due to lack of availability of suitable sites in appropriate locations.

5.79 Due regard must be had to the full range of environmental, amenity, access and agricultural considerations as set out above. In particular, sites should be effectively screened, and both located and laid out in such a way that they are not visually intrusive. Applications for major new holiday parks may necessitate the submission of an environmental impact statement (see Policy EPS).

5.80 Because of the limited opportunity for new holiday parks, the improvement and enhancement of existing holiday sites is more likely to be a more acceptable way of meeting demand.

5.81 There is extensive provision of sites for chalets, caravans and camping within Torbay, most of which is concentrated in three areas in Paignton, and in Brixham. The size and range of these facilities in Torbay vary widely, as to the standards of accommodation provided. Many operators have continued to invest in their site facilities as part of a rolling programme aimed at raising the quality of service. Other sites have managed to meet changing standards less successfully and are more likely to require substantial new investment.

5.82 Many existing holiday centres and parks have been developed at high densities. To meet the needs and aspirations of today’s holiday makers, it is important to improve the on-site environment, reduce high densities and improve on-site facilities such as club houses, swimming pools, tennis courts, shower buildings, etc.

5.83 Whilst the Council is fully supportive of endeavours to upgrade and improve holiday facilities, by expanding the area covered in some cases, it is essential to ensure that developments do not have an adverse effect on other local plan objectives, such as landscape protection.

5.84 Many holiday parks are in environmentally sensitive areas and this type of development has a significant visual impact. Static caravans and chalets can be particularly intrusive.

5.85 The Council will seek to secure improvements to the appearance and layout of facilities and improve standards of landscaping and nature conservation. In many areas there is considerable scope to do this and many operators have developed innovative ways of screening development. Such improvements will be a key consideration in determining proposals for refurbishment and improvement of holiday centres.

5.86 Sites generate a high level of vehicular traffic during the peak holiday season which can place a heavy burden not only on the principal traffic routes but also minor roads providing access to them.

5.87 Applications for the improvement of site facilities (central ‘club house’ facilities, swimming pools, tennis courts, toilet and shower buildings, etc.) will be supported in principle, subject to the above considerations. The Council will adopt a flexible approach to applications submitted for changes in emphasis of holiday uses within existing sites. Since the distinctions between touring and motorised caravans and tents are now less obvious, it will be appropriate to consider touring accommodation in terms of touring units, and to allow flexibility between numbers of tents and touring units within a defined site. The Council will also support in principle dividing larger sites into smaller areas, in order to reduce their wider environmental impact.

5.88 Schemes which are likely to result in a significant intensification of facilities and consequent levels of activity will only be acceptable where it can be demonstrated that there is sufficient environmental and highway capacity to absorb the additional pressures in a satisfactory manner.

5.89 This issue is particularly relevant in the case of schemes for a total or partial replacement of an existing centre or park, either by significantly increasing the amount of accommodation and level of facilities within the original site, and/or by expanding the area covered. Although it is recognised that opportunities for improvements may arise from such redevelopment (e.g. better access and landscaping, reduction in environmental pressures) the Council would not wish to see the introduction of further environmental conflicts, particularly in sensitive designated landscape protection areas.

5.90 The Council is mindful of owners’ rights of operation of 28-day sites as a means of meeting peak season demand. It will continue to monitor all such facilities used by touring caravans and tents, in the general context of amenity, environment and transportation considerations. In most instances, 28-day sites in Areas of Great Landscape Value (AGLVs) are not regarded as being suitable for permanent use for environmental reasons. It may be acceptable in appropriate locations, however, to allow operators to use such sites for a longer but fixed summer season period if required. This could afford the operator more flexibility in meeting demands as they arise.

TU10 Change of use or redevelopment of holiday centres and parks

The change of use or redevelopment of existing holiday centres, chalets, caravans and camping sites to non-tourism uses will not be permitted where:-

(1) the proposals would result in the loss of a site which offers a good range of facilities and makes a significant contribution to the stock of holiday accommodation in the resort;

(2) the site offers potential for development and/or refurbishment to provide an important level of tourist accommodation and related facilities;

(3) the site is in a prime location for holiday use (i.e. coastal, rural or close to major tourist attractions);

(4) the loss of a site and introduction of a new use would be detrimental to the general holiday character of the locality, or its loss would have a detrimental effect on nearby chalet, caravan or camping sites by changing the character of the area; or

(5) the application is contrary to countryside and landscape policies set out in the Local Plan.

Explanation:

5.91 The facilities provided by holiday centres and parks offer an important source of holiday accommodation and cater for over a quarter of all tourist nights in Torbay. Although it is recognised that potential environmental problems can occur in sensitive areas, or where such sites are concentrated, it is the Council’s policy generally to support their retention and furthermore, to encourage their refurbishment (see Policy TU9).

5.92 This type of accommodation is particularly important in Paignton and Brixham. Recent estimates suggest that about two fifths of paying holiday visitors to Paignton (i.e. excluding visitors to private houses) stay in holiday camps/holiday parks. In Brixham, the figure is around three-quarters. These proportions have grown in recent years and the importance of this type of accommodation in these areas and the facilities which they offer to tourists is self-evident. Any significant losses of sites by redevelopment to other uses would be unacceptable both to the tourist industry and the local economies of their surrounding areas, in particular Brixham.

5.93 The Council is particularly concerned to ensure that the loss of a site in an established area of holiday parks would not in turn lead to the closure of adjoining sites, creating a ‘domino’ effect.

5.94 Major sites offering a range of facilities for family accommodation are particularly important, but there is also a need to retain a variety of smaller sites offering a choice of different types of accommodation and holiday experience. The Council will therefore oppose their loss and will, in the context of Policy TU9 encourage operators to exploit potential to make fundamental improvements to their facilities wherever possible. This will be necessary in order to maintain their role as significant providers of accommodation within the tourist industry. Policy H13 deals with applications for residential caravans in the countryside.