Section 89 of CRoW requires a Management Plan to be prepared and
published for each AONB. Where a conservation board has been established, responsibility for the Management Plan will rest with the board. Elsewhere, Management Plans will be the responsibility of the local authority. Where there is more than one such local authority, they should act jointly to do this. AONB partnerships (that are not
conservation boards) should be constituted so that members of all AONB local authorities are represented. They will then be able to take drafts back to their own local authority committees for approval and endorsement of the policies agreed by their representative or the partnership. It will be important to agree this process in the early stages of Plan production. Conservation boards will write their own Plan.
Where a conservation board is set up, it must publish an AONB Management Plan within two years. For AONBs without a conservation board, the local authority must publish a Plan within three years of this legislation coming into force (i.e. by 31 March 2004) or in the case of any new AONB, within three years from the date of designation; this requirement ceases to apply if an AONB conservation board is set up within that period.
Many AONBs already have in place a non-statutory Management Plan. Such Plans, if prepared by a local authority or joint committee, may, following review, be adopted as the statutory plan by either a conservation board or a local authority, and published within the same timescale as above. Where a local authority has published a statutory plan, a conservation board set up subsequently may adopt the Plan within six months of the board’s establishment.
Section 89 also sets out the requirements for reviewing
Management Plans. Once adopted and published, Management Plans are to be reviewed at intervals not exceeding five years. The exception is where a conservation board has adopted a local authority statutory plan, in which case the first review must be within three years.
Local authorities in England proposing to adopt, review or publish a Management Plan must give due notice to the Countryside Agency and to English Nature. Such Plans (and any proposed amendments) must be copied to the Secretary of State for Environment, Food and Rural Affairs. Conservation boards must in addition copy their draft Plans to all relevant local authorities, and must take any observations made into account. There is no legal requirement in CRoW for public consultation
on the AONB Management Plan1. However, good practice, and the
advice of the Countryside Agency, is that consultation and participation is essential to the partnership approach on which the success of every AONB depends. At an international level, this principle is enshrined in the 1998 Aarhus Convention (formally, the ‘Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters’) which was signed by the UK in 1998.
AONB Management Plans are statutory documents, as are local authority development plans (i.e. structure plans, local plans, unitary development plans) and other documents such as Community Strategies.
Section 89 of CRoW requires that AONB local authorities or
conservation boards produce a plan which ‘formulates their policy for the management of their area of outstanding natural beauty and for the carrying out of their functions in relation to it’ (S89(1) and (2)). This formula follows the provision in the Environment Act 1995, which requires National Park Authorities to prepare Management Plans on a similar basis. The wording of this section implies that the AONB authorities’ policies need not be limited to those aspects which they can deliver themselves, and the content of an AONB Management Plan is in any case not restricted by such a requirement. It is the view of the Countryside Agency that the scope and content of an AONB
Management Plan should go beyond any legal minimum. In addition to the policies which apply specifically to the obligations of the local authorities or conservation boards (which are required by law, and to which they can be legally held) or which are directed principally at the AONB staff unit, the Management Plan should also contain the policies which apply to AONB partner. These policies would not be regarded as legally binding on those to whom they apply.
AONB Management Plans should always seek to link across to other statutory plans and strategies which relate to their geographical area. The content of AONB Plans should both inform and reflect the content
1. Government guidance on the preparation of development plans stresses that ‘consultation is best undertaken on the basis of key issues consultation involving the broad strategy and direction of a plan rather than on the basis of a full draft Plan’ (PPG12 Annex C s1). It provides a list of agencies and organisations which may need to be consulted on local plans and udps. This list may be helpful also in the preparation of AONB Management Plans.
of these other plans. Planning Policy Guidance states that ‘the primary objective of [AONB] designation is the conservation of the natural beauty of the landscape. Local authorities should reflect this objective in their preparation of structure and local plans and in the exercise of
development control” (PPG72). The relationship is therefore a two- way
one. Relevant sections of the AONB Plan can be adopted by the local authority, where they feel this appropriate, as Supplementary Planning Guidance (SPG). Such sections should correspond to the guidelines
provided in PPG123(which gives government guidance on
development planning in the town and country planning system). PPG12 states that SPG ‘must itself be consistent with national and regional planning guidance, as well as the policies set out in the adopted development plan. It should be clearly cross-referenced to the relevant plan policy or proposal which it supplements. It should be issued separately from the [development] plan and made publicly available; consultation should be undertaken, and the status of the SPG should be made clear. SPG should be reviewed on a regular basis alongside reviews of the development plan policies or proposals to which it relates’ (PPG12 s3.15). ‘SPG should be prepared in
consultation with the general public, businesses, and other interested parties, and their views should be taken into account before it is finalised. It should then be the subject of a council resolution to adopt it as supplementary guidance. On adoption, a statement of the
consultation undertaken, the representations received and the local authority’s response to those representations should be made available with each copy of the SPG (either in an annex or in a separate
document)’ (PPG12 s3.16). There should be no difficulty in principle in meeting all these criteria in the preparation of appropriate sections of the AONB Management Plan. There is a danger however that these may be unduly influenced by the need to be consistent with existing development plan policies, and where there is conflict this should be clearly stated; such sections will clearly not be eligible for adoption as SPG but may feed in to the next revision of the development plan. Where sections of the AONB Management Plan that do correspond to the SPG criteria are to be adopted as SPG, they should be reproduced in a separate document together with the consultation responses as required by PPG12 and this document can then be adopted formally.
Further guidance on preparation of SPG is available from DTLR4.
IV. The obligation to ‘have regard’
Section 85 of CRoW states that “In exercising or performing any
functions in relation to, or so as to affect, land in an area of
outstanding natural beauty, a relevant authority shall have regard to the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty” (s85(1)). ‘Relevant authority’ is defined as
2. The countryside: environmental quality and economic and social development, Planning Policy Guidance 7, 1997, DoE.
3. Development plans and regional planning guidance, Planning Policy Guidance 12,1992, DoE.
4. Planning and Development Briefs: A Guide to Better Practice, 1998, DETR.
any Minister of the Crown, any public body, any statutory undertaker or any person holding public office. Public bodies include all arms of both central and local government (including, for example, the Department for Environment, Food and Rural Affairs, the Environment Agency, parish councils, and joint committees of local authorities). Statutory undertakers include public utilities such as water, gas, electricity and telecommunications companies.
The section is modelled on provisions in section 11A of the 1949 NPAC Act, inserted by section 62(1) of the Environment Act 1995, relating to the duties of similar bodies towards National Park purposes. This general legal requirement to ‘have regard’ is not defined. In the context of AONBs, the requirement applies only to the general AONB purpose of conserving and enhancing natural beauty. It does not automatically extend to any AONB Management Plan objectives or policies which flow from that purpose. Moreover, the requirement means only that those to whom it applies have to take the AONB purpose into account in making any particular decision, not necessarily to allow the purpose to determine the outcome of the decision or to carry any particular weight in the decision-making process. The requirement does not override other considerations that have to be taken into account by relevant authorities in carrying out any function. However the requirement does mean that the purpose of conserving or enhancing natural beauty of the AONB may not be disregarded. This should act as some incentive at least for all agencies to consider seriously the policies set out in the AONB Management Plan.
Appendix 2: AONB funding
This appendix:
•
Outlines the arrangements for securing ‘core funding’ for AONBpartnership activities from the Countryside Agency.
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Provides advice on procedure and principles for securing projectfunding through Countryside Agency Regional Offices.
•
Suggests sources for additional external funding from otheragencies and bodies.
Government funding to the Countryside Agency will increase from just over £5 million in 2001-2 to £6.7 million in 2003-4, and the government has indicated that its long term support to AONBs will extend beyond 2004/5. The money is intended to enable the Agency to offer an agreed level of support for the carrying out of core functions in each AONB in England (including the production of Management Plans), whilst allowing separate bids for the implementation of identified management objectives to be made to regional offices of the Agency.
The Agency has published its arrangements for AONB funding1and
these are summarised below. All AONBs can bid into this new system from 2001 onwards. The Agency expects that all AONBs will be working to the new system by 2005. The Agency explicitly encourages AONB partnerships to bid for external sources of grant aid.