Torbay Council has offered temporary use of its land for free over the past few months to support business that had to close during the COVID 19 lockdown. However, since we introduced the scheme, the Government passed the Business and Planning Act 2020. This government scheme replaces the existing local scheme and allows for Pavement Café Consents to be granted for durations of 3 months or more, but not beyond the 30 September 2021. This new scheme remains free until 1 January 2021, and thereafter there will be a charge of £100 per application.

For those businesses issued with Temporary Pavement Café Consents, since the 24 June 2020, which are due to expire on the 31 October 2020, AND are on a Highway, then they can apply to transfer those consents to this new scheme free of charge. All that needs to be done is to advise the Council you are undertaking a consultation by sending an email to tempopenspace@torbay.gov.uk, with the notice attached and a photo showing it put up on site. The site notice needs to be in situ for seven days and thereafter Torbay Council have seven days in which to make a decision, based upon and representations it receives. The consent will then be re-issued until the 30 September 2021.

Applications for use of other Council land have now closed, unless these relate to the use of the Highway, see below. Those with Licences already issued for other Council land, are allowed continued use until 31st October 2020. If any holder of such a licence wishes to extend this licence or change it to a lease agreement for more permanent use, they will now need to make an approach to the land owning department. This can be initially be done by sending an email to tempopenspace@torbay.gov.uk, and it will be forwarded on.

Highway Land use (Business and Planning Act 2020)

This government scheme now replaces the existing local scheme and allows for Pavement Café Consents to be granted for durations of 3 months or more, but not beyond the 30 September 2021. This scheme remains free until 1 January 2021, and thereafter there will be a charge of £100 per application.

This scheme only applies to highways land, and the appropriate application form below should be used. There is a requirement to put up a site notice for seven days in an obvious location and a photograph needs to be provided to confirm that it is in place. This needs to be put up the day after the application is submitted. A template notice form is below.

Torbay Council has a subsequent seven days to advise you of the outcome of your application.

Existing Temporary Consents

For those businesses issued with Temporary Pavement Café Consents, since the 24 June 2020, which are due to expire on the 31 October 2020, then they can apply to transfer those consents to this new scheme. All that needs to be done is to advise the Council you are undertaking a conversation by sending an email to tempopenspace@torbay.gov.uk, with the notice attached and a photo showing it put up. The site notice needs to be in situ for seven days and thereafter Torbay Council have seven days in which to make a decision, based upon and representations it receives. The consent will then be re-issued until the 30 September 2021.

Please note that failure to do this, will mean your existing consent will expire on the 31 October 2020, and you will have to make a full application, as described above.

  Download the temporary use of council land application (Highways)

  Download the public notice form

Business requirements

To make an application use the correct application form and email address and supply as much information as possible, including plans and photographs, as requested. Talk to your neighbours both adjacent and opposite about your plans and seek email support as this may help us deal with your application more quickly.

However, please note that no business can operate any trading or provide table or chairs on our land, without a consent or lease agreement/Licence in place.

Making an application

Download and complete the appropriate application form. Once completed, please send the application and other documents/photos to tempopenspace@torbay.gov.uk. An acknowledgement will be sent out.

We have produced a guidance document, to help you make an application, which has sections for each of the two separate processes.

Guidance notes
Guidance notes for businesses who are applying for temporary use of Council land (Highways)

If there are any queries, then please use the same email address, and we will do our best to answer them.

Download and complete the application form. Once completed, please send the application and other documents/photos to tempopenspace@torbay.gov.uk. An acknowledgement will be sent out.

We have produced a guidance document, to help you make an application.