Planning for the South Devon AONB: Planning Guidance Version 1 www.southdevonaonb.org.uk Newton Abbot Holne Ashburton Scorriton A38 Landscove A384 Buckfastleigh Compton Staverton D a r t m o o r Marldon Dean Prior A381 N a t i o n a l Dartington Littlehempston Torquay Roborough Didworthy Rattery A385 Berry Pomeroy Wotter Lee Moor P a r k A385 Paignton South Brent T o r b a y Cornwood RiverTotnes D ar t Torbay Harberton Stoke Elberry Churston Bittaford Gabriel Cove Cove Brixham Breakwater Sparkwell Avonwick Ashprington Berry Head Harbertonford Galmpton Cod Rock Plymouth Ivybridge North Diptford Tuckenhay Cornworthy Brixham Lee Mill Huish St Mary’s Bay A38 Ugborough Sharkham Point Plympton A3121 Dittisham Capton Halwell Hillhead Mann Sands Elburton A3122 Ermington South HamsRiver Long Sands Plymouth Plymstock Moreleigh Brixton RiverA379 Yealm Modbury Turnchapel Blackawton Kingswear Jennycliff Avon Staddiscombe Erme Plymouth Yealmpton A381 Breakwater Torr Ford Warfleet Bovisand Luson Dartmouth Froward Point Bovisand Higher Torr River Down Thomas Eastdown Mew Stone Holbeton Woodleigh D a r t P l y m o u t h Stoke Fleming E s t u a r y Heybrook Wembury Newton East Allington Bay Ferrers Battisburgh S o u n d Cross Aveton Blackpool Wembury Point Wembury Bridgend Gifford Loddiswell Kingston St Ann’s Sands Ye a l m E s t u a r y Noss Mayo Mothecombe Chapel A379 Great Mouthstone Goveton Strete Strete Mew Point E r m e Bigbury Ringmore Gate Stone Blackstone E s t u a r y Slapton Beacon Churchstow Sherford Point Point Challaborough B i g b u r y BChallaborough a y Bigbury-on-sea Kingsbridge Slapton Slapton Burgh Island Buckland Ley Sands Bigbury & Bantham West Chillington Bantham West Charleton A v o n Thurlestone Alvington E s t u a r y South Frogmore Stokenham Milton South Torcross Thurlestone Ley Widdecombe Skerries Milton Ley Bank South Milton South Beeson S t a r t B a y South Huish Pool Beesands Beesands Mouthwell Galmpton Malborough Hope Cove Batson Bolt Tail Hope Cove North Hallsands Kellaton East Hallsands N Salcombe Portlemouth South North Sands Mill Bay South Sands Allington The AONB at a glance Start Point Soar Mill Cove WE East Prawle Lannacombe Peartree Salcombe - Point South Devon Area of Outstanding Natural Beauty Inland Waterbody Kingsbridge S Bolt Head Estuary Gammon Dartmoor National Park River Head Prawle Point County / Unitary Authority Prominent headlands This map is reproduced from the Ordnance Survey material with the permission of Parish Boundary Sea Areas Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to Beach prosecution or civil proceedings. South Hams District Council. 100022628.2017 2 South Devon AONB Planning Guidance Contents Section 1 Introduction 6 1.1 Purpose of the South Devon AONB Planning Guidance 6 1.2 The Status of the AONB Planning Guidance 7 1.3 South Devon AONB Partnership’s and AONB Unit’s Roles 8 in Planning 1.4 Arrangements for Future Review and Updating of the 9 Planning Guidance Authors 1.5 Further Information Sources 9 Section 2 The Legal framework for AONBs 10 Roger English (South Devon AONB Manager), Victoria Tanner-Tremaine 2.1 Statutory Purpose of AONB Designation 10 and David Dixon. 2.2 A Statutory Duty towards AONBs 11 Document Citation 2.3 Defining Natural Beauty 12 This document should be referenced as: 2.4 What is meant by the ‘setting’ of an AONB? 13 “South Devon AONB Partnership (2017), ‘Planning for the South Devon 2.5 Other duties and powers regarding AONBs 14 AONB: Planning Guidance v1’ (South Devon AONB Partnership)”. 2.6 Implications of the duties towards AONBs for the 14 Planning Process Acknowledgements 2.7 Further Information Sources 15 The authors wish to acknowledge information and ideas gathered from Section 3 Describing the South Devon AONB 16 documents produced by other AONB Partnerships and Conservation Boards, in particular Planning Guidance produced for Chichester Harbour, 3.1 Defining Natural Beauty in the South Devon AONB 16 Cotswolds, High Weald and North Pennines AONBs. Additionally, the 3.2 Special Qualities summary of the South Devon AONB 17 authors wish to acknowledge the National Trust for its recent work 3.3 South Devon AONB Key Facts 18 on AONBs and development. Thanks are also extended to the unpaid specialists that voluntarily gave their time and expertise. Special 3.4 Special Qualities of the South Devon AONB 19 thanks also go to Lucy Murfett MRTPI (Planning Officer for Chilterns 3.5 Landscape and Seascape Character 30 Conservation Board) for conducting the Peer Review and Robin Toogood, 3.6 Further Information Sources 30 former South Devon AONB Manager for initiating this work. South Devon AONB Planning Guidance 3 Contents continued Section 4 AONBs & National Planning Policy 32 Section 7 Development Management & South Devon AONB: 78 General Guidance 4.1 National Planning Policy for AONBs 32 7.1 Understanding Development Pressure in or affecting 78 4.2 Restriction on Development affecting AONBs 33 South Devon AONB 4.3 The Requirement to Give ‘Great Weight’ 36 7.2 Guidance for decision-takers 79 4.4 How the Courts have interpreted the requirement to give 36 7.3 Defining and assessing ‘harm’ to the AONB’s natural beauty 82 great weight 7.4 Addressing Cumulative Effects 83 4.5 ‘Major Development’ in AONBs 37 7.5 Natural Heritage Features 84 4.6 Development in the ‘Setting’ of an AONB 39 7.6 Securing Enhancements - Planning Conditions, Community 84 4.7 Planning positively for the South Devon AONB 40 Infrastructure Levy and Mitigation 4.8 Further Information Sources 58 7.7 General Guidance for Development Proposals affecting the 85 Section 5 AONBs & Plan-making - Local & Neighbourhood Plans 60 South Devon AONB 5.1 Plan-making and AONBs 60 7.8 Further Information Sources 88 5.2 How should AONB issues be addressed in Local Plans? 61 Section 8 Detailed Guidance for the Main Development Types 90 5.3 Local Plans in relation to South Devon AONB 63 8.1 Coastal and Estuarine Development 90 5.4 What is Neighbourhood planning? 65 8.2 Housing Development 94 5.5 How should AONB issues be addressed in Neighbourhood Plans? 65 8.3 Community facilities and services 98 5.6 Further Information Sources 67 8.4 Commercial and Employment Developments 100 Section 6 Using the AONB Management Plan for planning 68 8.5 Tourism and Recreational Developments 102 6.1 The Role of the AONB Management Plan in planning 68 8.6 Agricultural Buildings 104 6.2 Management Plan Policies relevant to the Planning Process 69 8.7 Equestrian Development 106 6.3 Further Information Sources 77 8.8 Renewable Energy 108 8.9 Telecommunications 110 8.10 Development in the Setting of the AONB 112 8.11 Waste and Minerals Developments 114 4 South Devon AONB Planning Guidance South Devon AONB Planning Guidance 5 Section 1 Introduction This Planning Guidance is an annex Framework (NPPF) and its Planning Practice 1.1 Purpose of the South Devon Guidance (PPG) should be properly understood, to the statutory South Devon Area of AONB Planning Guidance interpreted and applied in relation to the South Outstanding Natural Beauty (AONB) Devon AONB in order to achieve sustainable Management Plan and provides 1. The purpose of this ‘South Devon AONB development through planning. Planning Guidance’ is to set out the legal detailed guidance on how development framework and national planning policy for Who is this guidance for? can conserve and enhance the natural Areas of Outstanding Natural Beauty (AONBs) 3. This guidance is principally for the relevant local beauty of the South Devon AONB and and how it should be properly understood, interpreted and applied so that the local planning authorities (including Town and Parish accord with the requirements of the planning process conserves and enhances the Councils) to give advice on how to meet their National Planning Policy Framework to South Devon AONB in line with Parliament’s statutory duty to AONBs when applying national intended approach to these nationally planning policy and practice guidance in relation help achieve sustainable development. protected landscapes. to or so as to affect the South Devon AONB. It should be used during plan-making (Local Plans This Section sets out the purpose, status 2. More specifically, it sets out the South and Neighbourhood Plans) and decision-taking and context of the Planning Guidance. Devon AONB Partnership’s views on how (determining planning applications). It also the Government’s National Planning Policy provides advice for developers, including statutory 6 South Devon AONB Planning Guidance undertakers, to assist them in preparing applications 7. In 2015 the National Trust commissioned a report2 for planning permission for developments that may in response to a series of planning appeal decisions 1.2 The Status of the affect the South Devon AONB. The guidance seeks where significant development was approved in AONB Planning Guidance to supplement, but does not replace, professional AONBs around the country, notwithstanding AONB technical advice from the South Devon AONB Unit Unit objections. This set out to identify and review 9. This document is a material consideration in plan- during plan-making or on individual applications, 15 planning cases to ascertain whether decisions making and decision-taking where these have the which should be sought where AONB matters are properly applied national planning policy and law in potential to affect the South Devon AONB. thought to be relevant. relation to AONBs. The report found, in these cases, that a fundamental issue was one of ‘inadequate 10. The South Devon AONB Planning Guidance was 4.