When planning permission is granted we are entitled to ask developers to pay for some of the infrastructure or other needs that their development generates. In general there are two main mechanisms for doing this:

  • Section 106 Planning Obligations
  • Community Infrastructure Levy (CIL)

In addition, some direct works to highways are carried out under S278 Agreements.

Community Infrastructure Levy (CIL)

Torbay’s proposed CIL has completed its Examination stage. The Independent Examiner was Mr Keith Holland, BA (Hons) Dip TP MRTPI ARICS. His Report into Torbay’s CIL Draft Charging Schedule was published on 5th December 2016.

It recommended that the Draft Charging Schedule provides an appropriate basis for the collection of the levy in Torbay, subject to four Examiner’s Modifications and one informal suggestion.

The report may be read at: CIL Examiner’s report

The Charging Schedule will be reported to full Council early in 2017 with a view to adopting CIL.

More information about the CIL Examination is available on the Council’s CIL Examination webpage.

Planning Contributions and Affordable Housing SPD (2008)

The Adopted Planning Contributions and Affordable Housing Supplementary Planning Document was adopted on 28 February 2008. It provides guidance on what Torbay Council wishes to seek from developers in the way of planning contributions.

Note: There is an update to this document which needs to be viewed with the original.

The 2008 Planning Contributions and Affordable Housing SPD (with Update 3, April 2011) has been saved as a basis for negotiating planning obligations until the amended revised SPD (see below) is adopted.

Revised Planning Contributions and Affordable Housing Supplementary Planning Document (September 2016)

The new 'Torbay Local Plan 2012-30' was adopted on 10 December 2015. Updated guidance on S106 Obligations prepared to provide advice on the operation of S106 Obligations.

The Draft Revised Planning Contributions and Affordable Housing Supplementary Planning Document was approved by the Policy Development and Decision Group – Joint Operations Team as the basis for public consultation on 14 September 2014.

The Draft SPD is open for comments between Monday 19 September to Monday 31 October 2016.

Please email any comments to future.planning@torbay.gov.uk. Alternatively they can be posted to Spatial Planning, Torbay Council, Electric House, Castle Circus, Torquay TQ1 3DR.

This will ensure delivery of the new Local Plan in a sustainable fashion, and provide further advise on the relationship between CIL and S106 obligations. When adopted, this will replace the 2008 SPD.

CIL consultation statement
September 2016
Consultation Statement
Representation on proposed Modifications and draft response. October 2016
Schedule of revised modifications to RDCS
September 2016
Submission draft CIL charging schedule with modifications
September 2016
Planning Obligations and Affordable Housing Supplementary Planning Document
Consultation Draft - September 2016
Draft Charging Schedule February 2015
Proposed Modifications September 2016
Revised Draft Charging Schedule March 2016
PCL Planning amalgamation of housing provider representations (November 2016).
S106 Obligations
S106 Obligations agreed April 2015 to October 2016
TDA statement
TDA statement regarding Town Centre Regeneration
CIL Examination Response
Response to examiner's questions - 8 November 2016
Opening up costs of Strategic Sites
Cost(s) of opening up a Strategic Site
Housing Sites
Sites which have received permission since April 2012 (BF 15+/GF 3+)
CIL Examiners Report
Community Infrastructure Levy Draft Charging Schedule
Guidance on the a tax levied on development of more than 100 sq m of floor space, or new-build dwellings.
Planning Contributions and Affordable Housing SPD
This document sets out how the Council intends to use developer obligations/contributions.
Planning Contributions and Affordable Housing
Supplementary Planning Document
Viability Study
Published January 2016.
Viability Study Addendum Report
Burrows Hutchinson 2016
Torbay Local Plan Viability Testing
This report has been prepared by Peter Brett Associates (PBA) to assess the viability of development in Torbay to provide evidence for the council’s Plan making and Community Infrastructure Levy.