Issue details

Draft Torbay Local Plan (Regulation 18) Consultation

 

 

To agree a Draft Torbay Local Plan 2025-45 for public consultation. The contents of the Local Plan have been discussed by the Local Plan Working Party. Cabinet permission is sought to launch a public consultation at Regulation 18 "issues and options" stage on a full draft Local Plan including development allocations and other site proposals.

Decision type: Key

Reason Key: High level of public interest;

Decision status: For Determination

Wards affected: (All Wards);

Notice of proposed decision first published: 09/10/2025

Decision due: 18 Nov 2025 by Cabinet

Lead member: Cabinet Member for Place Development and Economic Growth and Deputy Leader of the Council

Lead director: Director of Pride in Place, Divisional Director of Planning, Housing & Climate Emergency

Department: Council Future Items

Contact: Adam Luscombe Email: Future.planning@Torbay.gov.uk Email: David.Pickhaver@Torbay.gov.uk Email: adam.luscombe@torbay.gov.uk, David Pickhaver Email: david.pickhaver@torbay.gov.uk.

Consultation process

The Local Plan must be prepared in accordance with the Planning and Compulsory Purchase Act 2004 and the 2012 Regulations. The NPPF specifies the content and requirements for local plans, and has legal force for plan-making.

The above set out required preparation stages and consultees. The current stage is "Regulation 18" which is a less formal stage, and a chance for people and other stakeholders to "have their say". The next stage "Regulation 19" will set out a preferred option and is a more formal consultation focussing on Test of Soundness and Legal Compliance.

Consultees

A wide range of consultees are stipulated in the Town and Country Planning (Local Planning) (England) Regulations 2012 (2012 Regulations) and Neighbourhood Planning Policy Framework (NPPF). There is a legal ‘Duty to Cooperate’ requirement with neighbouring authorities and other bodies, especially (but not limited to) The Environment Agency, Natural England and Historic England.

Reason for inclusion in Forward Plan: The Local Plan makes development site allocations and policies which are the legal starting point for determining planning applications. As such it is an important document underpinning planning and other council decisions. Development site allocations frequently receive a high level of public interest.

Key Risks: Without an up to date Local Plan in place, the Council faces the Presumption in Favour of Sustainable Development. This substantially reduces the council's control over planning decisions. In particular it reduces the ability to resist speculative greenfield development proposals. An up to date Local Plan is needed to update the council's policies on affordable housing, S106 Contributions and Community Infrastructure Levy. The Government has indicated that councils must prepare up to date local plans, and has threatened to intervene to require them to do so, or to take over plan making. A more likely sanction would be the removal of regeneration and Homes England funding.

If you want to make representations contact:: David Pickhaver: David.Pickhaver@Torbay.gov.uk Adam Luscombe: Adam.Luscombe@Torbay.gov.uk

 

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