Written by Nikki O’Hagan, 3rd October 2024

The Levelling-up and Regeneration Act 2023 has resulted in various updates to UK planning law, including changes to AONB (National Landscape) legislation. Read on for a brief overview of the recent changes and the potential implications for homeowners and developers.

What’s changed?

AONBs (National Landscapes) benefit from statutory protection under section 85 of the Countryside and Rights of Way Act 2000. This statutory protection confirms AONBs (National Landscapes) to be amongst the most special landscapes in the UK. In addition, development is more strictly controlled.

None of this has changed but the exact wording of section 85 has.

Prefer to go straight to the source? Click the button below to access a copy of the updated Countryside and Rights of Way Act 2000.

Old version

Before the changes, section 85 used to say:

“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.”

New version

In December 2023, this was updated to:

“In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty in England, a relevant authority other than a devolved Welsh authority must seek to further the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty.“

What does this actually mean?

The changes to AONB (National Landscape) legislation may seem minor but it’s actually quite significant. Whilst the previous duty – to “have regard to” – was a passive duty, the new duty – to “seek to further” – is an active one.

In practice, the previous duty only really required relevant authorities* to take impacts on the AONB (National Landscape) into account. By contrast, the new duty expects them to proactively take steps to positively conserve or enhance the special qualities of the AONB (National Landscape).

*relevant authorities include local councils, local planning authorities, highways authorities, county councils and more.

Natural England has written to AONB (National Landscape) Teams throughout the UK to advise them about what the changes to AONB (National Landscape) legislation mean in practice. DEFRA is also expected to publish further guidance shortly. Natural England’s advice letter includes:

• The new duty to “seek to further” is an active duty, not a passive one.
• Relevant authorities must take all reasonable steps to explore how the natural beauty of the AONB (National Landscape) can be conserved and enhanced.
• The new duty goes beyond mitigation, like-for-like measures and replacment.
• Relevant authorities should take measures to avoid and mitigate the effects of development. Those measures should be appropriate and proportionate to the type/scale of development. They should also be in line with the AONB (National Landscape)’s management plan.
• In all cases, the relevant authority must be able to demonstrate how they have actively sought to conserve and enhance the natural beauty of the AONB (National Landscape). And this should be open to scrutiny.

What are the implications for homeowners and developers?

Anyone who lives, works or manages development in an AONB (National Landscape) will be well aware that development is and has always been much more strictly controlled in these locations.

For example, certain permitted development rights are more restricted in AONBs (National Landscapes). Although homeowners in AONBs (National Landscapes) do retain many householder permitted development rights*, there are some additional constraints.

*which allow a range of domestic extensions, alterations and outbuildings etc. to be carried out without planning permission.

At the current time, there is no suggestion that established permitted development rights would be reduced or removed in AONBs (National Landscapes).

Click the button below for more general information and advice about permitted development rights.

However, the new duty does strengthen the statutory protection given to AONBs (National Landscapes). It also places additional pressure on planning authorities to resist development that would cause harm to an AONB (National Landscape).

The reality is that fewer developments are likely to be approved in AONBs (National Landscapes) overall. Of course, this will not apply to development that is specifically put forward in order to enhance the AONB (National Landscape). This could include, for example, the replacement of poor-quality buildings with buildings of better design. All AONBs (National Landscapes) have a management plan which usually tells you how its natural beauty could be enhanced.

It’s also likely that new guidelines, policies and strategies will be adopted by planning authorities and AONB (National Landscape) Teams in due course. Existing AONB (National Landscape) management plans might also be updated. These anticipated local documents should provide more clarity for both homeowners and developers in AONBs (National Landscapes).

Householder developments

Homeowners are less likely to face increased resistance to well-designed developments that affect their homes or gardens. This is because dwelling sites already have a domestic character and this is rarely altered by minor development. However, if a householder proposal causes any of the following impacts, there’s now a much greater risk of refusal:

• Materially increases the visibility of the dwelling or domestic site within the wider landscape.
• Harms or appears at odds with the scale or architectural character of the dwelling.
• Materially extends the developed area of the site towards the open countryside.
• Results in the loss of features that contribute positively to the natural beauty of the AONB (National Landscape). This could include trees, vegetation and structures, especially older structures that possess some heritage value.

If you are considering applying for planning permission in an AONB (National Landscape) and are unsure about your chances of success, get in touch. Our initial advice is always free of charge.