Purpose

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

1.  that the Draft Local Plan as
outlined in Section 6 and Appendix 1 be approved for Regulation 18
public consultation between 28 November 2025 and 11.59pm on 26
January 2026;
 

2.  that the Local Development Scheme
(LDS) be amended to show the timetable in paragraph 2.6 of the
submitted report; and
 

3.  that the Divisional Director, Place
Strategy (or equivalent post) be authorised to make minor
amendments and edits to the Draft Local Plan in consultation with
the Cabinet Member for Place Development and Economic Growth.

Reasons for the decision

Local Planning
Authorities (LPAs) have a legal requirement (under Section 19 of
the Planning and Compulsory Purchase Act 2004(P&CP)) to prepare
a local plan setting out strategic priorities and policies to
address these.  Together with
neighbourhood plans, the local plan forms the “Development
Plan”, which was the legal starting point for determining all
planning applications.  The Council was
preparing a Plan under the P&CP Act 2004 and 2012 Local
Planning Regulations.  Plans prepared
under this system must be submitted to the Secretary of State for
Examination by December 2026.

Alternative options considered

The Council previously
consulted on Local Plan Growth Options (January-February 2022) and
Housing Site Options in January (October-December 2022).
 Prospective sites and policies have
been considered by the Local Plan Working Party whose conclusions
have been used to prepare a Draft Local Plan.  Although we are proposing to consult on a full
Draft Local Plan, the Regulation 18 stage is often called an
“issues and options stage”.  The next stage, i.e. Regulation 19 Publication
Stage proposed for Summer 2026 was a more formal consultation
focussed on soundness and legal compliance issues.  
 
The Local Development
Scheme was approved in February 2025 which set out a roadmap to
preparing a Local Plan, and different consultation options.
 Whilst delaying the consultation until
2026 would allow a more finished product to be consulted on.
 This would shorten the timescales and
risk missing the Government’s December 2026 deadline for
submission.  This would mean starting
the Local Plan again under the Levelling Up and Regeneration Act
(2023) new style plan system.  Whilst
the Council could decide to delay plan making until the new system
comes into force.  This would impose
significant additional delay and increase the risk of speculative
planning applications and costs at appeal.  Moreover, the Secretary of State could intervene
and direct Torbay Council to consult on its draft Plan (or even
take over Plan making); both of which would cause reputational
damage to the Council.