Planning Permission in Torbay

Unitary Authority in South West · Last updated April 2026

Torbay is a unitary authority on the south Devon coast, encompassing the three towns of Torquay, Paignton, and Brixham — collectively known as the English Riviera. With 24 conservation areas, 2 Article 4 directions, and 864 listed buildings, the authority's planning policies reflect its seaside resort character and significant architectural heritage.

The council processes around 715 applications annually with an 84.7% approval rate. Torbay's planning landscape is shaped by its Victorian and Edwardian resort architecture, hillside settings with sea views, and the UNESCO Global Geopark designation covering much of the coastline.

Homeowners should consult the Torbay Local Plan for guidance on development in their area. The combination of conservation areas, Article 4 directions, and sensitive coastal settings means that careful consideration is needed for many extensions and alterations.

24Conservation areas
2Article 4 directions
864Listed buildings
NoGreen belt

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What can I build in Torbay?

Project typeLikely permitted developmentMay need planning permissionLikely needs planning permission
Rear extension (single storey)Only outside conservation areas and Article 4 zonesProperties near boundariesConservation areas (24), Article 4 zones (2), listed buildings
Rear extension (two storey)Only outside conservation areas and Article 4 zones, if within 3m limitCheck distance to boundary ≥7mConservation areas (24), Article 4 zones (2), listed buildings
Side extensionDetached houses outside protected zonesSemi-detached properties (half-width rule)Conservation areas (24), Article 4 zones (2), listed buildings
Loft conversion (dormer)Houses outside conservation areasProperties on prominent cornersConservation areas, listed buildings, flats
Loft conversion (Velux/rooflight)Most of TorbayFront-facing rooflights in conservation areasListed buildings
Outbuilding / garden officeOnly outside conservation areas and Article 4 zones, if within size/height limitsLarge outbuildings covering >50% of gardenConservation areas (side or front), listed buildings
PorchMost properties if within 3m² and 3m heightProperties near highway boundaryConservation areas with restrictions, listed buildings
Solar panelsMost properties (roof-mounted)Panels protruding beyond rooflineListed buildings, conservation areas (if visible from road)
Driveway / hard standingIf using permeable surfacingNon-permeable surfacing over 5m²Conservation areas with specific restrictions
Garage conversionMost of Torbay (internal works)If changing external appearance significantlyListed buildings

This is general guidance based on Torbay's planning constraints. Your specific property may differ — use our free PD checker to get a result tailored to your address.

Permitted development in Torbay

Torbay's 24 conservation areas and 2 Article 4 directions restrict permitted development rights across significant parts of the resort towns. The Article 4 directions typically apply in areas where the character of Victorian and Edwardian villa architecture needs protection. Outside designated areas, standard PD rights apply to most residential properties. However, Torbay's hillside topography means that even PD-compliant development can sometimes have a significant visual impact, particularly where properties are visible from the seafront or public vantage points.

What Torbay expects from your project

Torbay Council places strong emphasis on design quality, particularly in the resort areas where the character of Victorian and Edwardian architecture is considered a key economic asset. Extensions should be subordinate in scale, use appropriate materials, and respect the proportions of the original building. On hillside sites, the council is attentive to the impact on views from public areas and the seafront. The use of render, natural stone, and slate is encouraged in keeping with local building traditions.

Local Plan: Torbay Local Plan 2012–2030

AdoptedDecember 2015
Plan period2012–2030
Official documentView local plan →

Torbay Council adopted its Local Plan in December 2015. Torbay is a small unitary authority covering the English Riviera resorts of Torquay, Paignton and Brixham. The plan focuses on tourism regeneration, the regeneration of Torquay town centre and harbour, and the provision of housing in a constrained coastal urban area.

Emerging / replacement plan

Torbay is preparing a new Local Plan. A Regulation 18 consultation ran in 2022, with a Regulation 19 Pre-Submission plan anticipated in 2025 and adoption targeted for 2026–2027.

24 conservation areas

Torbay has a high number of conservation areas. Check whether your property falls within one before starting any work — conservation area status significantly restricts what you can do without planning permission.

Conservation areas in Torbay

24 designated conservation areas

The 24 conservation areas in Torbay protect the best of the English Riviera's architectural heritage — from the grand Victorian terraces and villas of Torquay's seafront to the fishing harbour of Brixham and the medieval core of Paignton. Properties in these areas face restrictions on extensions, dormers, and external alterations. The Article 4 directions provide additional protection in specific areas, removing PD rights for external changes such as window replacements and re-roofing.

Shorton(1989-07-24)
St Marychurch(1980-04-28)
Old Paignton(1976-05-27)
Warberries(1975-01-28)
Brixham Town(1971-08-24)

Article 4 directions in Torbay

2 Article 4 direction areas

Polsham
Churston

Listed buildings in Torbay

There are 864 listed buildings in Torbay. If your property is listed, permitted development rights are significantly restricted. Most external and many internal alterations will require listed building consent, which is separate from planning permission. Always check with Torbay's conservation team before starting any work on a listed property.

Planning application statistics

Year ending September 2025 | Source: MHCLG planning application statistics

84.7%Approval rate-2.2% vs national avg
715Applications received544 decided
86.7%Major decisions in time-4.1% vs national avg
77.1%Householder decisions in time-15.9% vs national avg
78.4%Non-major decisions in time-12.6% vs national avg
97.8%Delegated to officersNational avg 86.9% approval

Torbay received 715 planning applications and decided 544 in the year ending September 2025. The approval rate of 84.7% is below the national average of 86.9%. Major applications are expected to be decided within 13 weeks, while householder and other non-major applications have an 8-week target. The “in time” figures include decisions made within agreed extensions of time.

Torbay Council received 715 planning applications in the year ending September 2025, with an 84.7% approval rate across 544 decisions. The council processed 293 householder applications. The lower approval rate compared to the national average reflects the constraints of the resort environment, hillside settings, and the importance placed on protecting Torbay's tourism character and heritage assets.

If your project complies with permitted development rules, you don't need to worry about approval rates — a Lawful Development Certificate is a factual assessment, not a judgment call.

Recent planning applications in Torbay

Browse what's been approved near you

Seeing what similar projects have been approved near your property can help you understand what Torbay expects in terms of scale, materials, and design. It's also useful for gauging how quickly the council processes applications.

Search planning applications on Torbay's portal →

Data from MHCLG planning application register. Search for householder applications (H01/H02) to see extensions and loft conversions in your area.

Housing delivery in Torbay

Housing Delivery Test 2023 measurement | Source: MHCLG

66%Housing Delivery Test resultPresumption in favour applies
1,549Homes required (3 years)
1,024Homes delivered (3 years)

Torbay delivered 1,024 homes against a requirement of 1,549 over the three-year measurement period, giving a Housing Delivery Test score of 66%. This is well below the 75% threshold, which triggers the most significant consequence: the “presumption in favour of sustainable development” (also called the “tilted balance”). This means planning applications for housing should be approved unless the harm would significantly and demonstrably outweigh the benefits. For homeowners, this is a strong signal — Torbay is under considerable pressure to approve housing, making it one of the more favourable environments for residential planning applications in England.

Lawful Development Certificates in Torbay

A Lawful Development Certificate (LDC) is formal confirmation from Torbay that your project is lawful under permitted development rules. It is not legally required before you build, but it is the only official document that proves your project did not need planning permission. Most solicitors will ask for one when you come to sell, remortgage, or insure your property.

293Householder PD applications decidedYear ending September 2025
77.1%Decided within 8 weeks-15.9% vs national avg
84.7%Overall approval rate-2.2% vs national avg
£258Application feeSame fee for proposed and existing development
8 weeksDetermination periodStatutory target for Torbay to decide
NoNeighbour consultationLDC applications are not advertised or consulted on

Torbay decided 293 householder applications in the year ending september 2025. Their 8-week performance of 77.1% is below the national average of 93%, so LDC applications may take longer than the 8-week target. LDC applications follow the same 8-week statutory determination period as householder planning applications.

How to apply for an LDC in Torbay

You can apply for a Lawful Development Certificate through the Planning Portal or directly through Torbay's website. You will need to submit:

  • A completed application form (available on the Planning Portal)
  • A site location plan at 1:1250 or 1:2500 scale
  • Existing and proposed floor plans and elevations
  • A written description of the proposed works and how they comply with the GPDO 2015
  • The application fee of £258

Torbay must issue a decision within 8 weeks. If the application is approved, the certificate is a permanent legal record that the development is lawful. If refused, you can appeal to the Planning Inspectorate or amend your project and reapply.

Need help preparing your LDC application?

Our Permitted Development Certificate Report gives you a full PD eligibility assessment, property constraints check, and application checklist tailored to your address and project — so you can apply with confidence.

Pre-application advice in Torbay

Torbay offers a pre-application advice service.

Pre-app advice is worth paying for if your project is borderline, your property is in a conservation area, or your home is a listed building.

Think your project might be permitted development?

Check in 2 minutes with our free tool — no sign-up needed.

Check your PD rights now →

Torbay Council offers a paid pre-application advice service. Householder enquiries from around £120. Submit requests through the council's planning pages.

Planning fees and timelines in Torbay

Application typeFeeTypical timeline
Householder planning application£5288 weeks
Full planning permission£610 per dwelling8-13 weeks
Lawful Development Certificate (proposed)£2646-8 weeks
Lawful Development Certificate (existing)£2986-8 weeks
Listed building consentFree8 weeks
Prior approval£12056 days
Discharge of conditions£145 per request8 weeks
Non-material amendment£4428 days

Fees are set nationally and correct as of April 2026. Pre-application fees are set by Torbay and may change. Building regulations fees are separate — see the building control section below.

Building regulations in Torbay

Building regulations approval is separate from planning permission. Most extensions, loft conversions, and structural alterations need building regs approval even if they don't need planning permission.

Building control in Torbay is provided by Torbay Building Control. You can also use a private approved inspector instead of the council's service.

Building control contact

Torbay Council Building Control or approved private inspectors.

Torbay planning department

AddressTorbay Council, Planning Division, Tor Hill House, Union Street, Torquay TQ2 5QW
Office hoursMonday to Friday, 9:00am - 5:00pm
Planning policyView planning policies

Your building project checklist for Torbay

  1. Check if your property is in a conservation area Torbay has 24 conservation areas. Use our free checker or see the list above.
  2. Check for Article 4 directions at your address Torbay has 2 Article 4 areas. Check your address.
  3. Check if your property is listed search the Historic England list.
  4. Use our free PD checker to see if your project qualifies as permitted development Check now.
  5. Consider a Lawful Development Certificate if PD applies — it protects you when selling. Learn more about LDCs or get your PD Certificate Report.
  6. Consider pre-application advice if planning permission is needed — see the pre-application section above.
  7. Check building regulations — most extensions and loft conversions need building regs approval even if they don't need planning permission.
  8. Check Party Wall Act obligations if building near a boundary — read our Party Wall guide or use our free Party Wall tool.
  9. Notify your home insurer about planned building work.
  10. Get at least 3 quotes from builders and check their credentials.

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Frequently asked questions