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Devon County Council - Committee Report

Code No: PTE/13/37

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PTE/13/37

West Devon Locality (County) Committee

4 June 2013

Tamar Valley Area of Outstanding Natural Beauty Management Plan Review

Report of the Head of Planning, Transportation and Environment


Recommendation: It is recommended that the Committee:

(a) notes the process and timetable for undertaking the AONB Management Plan Review;

(b) endorses the principles set out in this report for the 2014-19 Management Plan for the Tamar Valley AONB;

(c) delegates to officers the final agreement of any outstanding detailed issues for the Consultation Drafts;

(d) notes that the final version of the new Management Plans will be adopted through the Cabinet Member decision process in Spring 2014.

1. Summary

This report outlines the process of the Review of the Management Plan for the Tamar Valley Area of Outstanding Natural Beauty, and seeks the Committee's approval of the approach. Any views of the Committee will be addressed before production of the Plan.

2. Background

Devon has five Areas of Outstanding Natural Beauty (AONBs) within its boundaries. Three, East Devon, North Devon and South Devon, are wholly within the county, while two, Blackdown Hills and Tamar Valley, straddle the county boundary with Somerset and Cornwall respectively.

Under the Countryside and Rights of Way Act, it is a statutory requirement for local authorities to produce Management Plans for their AONBs. It has been agreed that this will be led by the Tamar Valley AONB Partnership on behalf of the relevant local authorities. Previous Plans were agreed and adopted for all five AONBs in 2004 and 2009 and it has now become necessary to undertake a further five year review of these Plans which need to be sent to the Secretary of State by March 2014. The Review is necessary to make sure that the Plans remain relevant to key partners in the light of changing circumstances and resources, new knowledge, and lessons learnt from implementation of previous Plans. The task of the Review is to identify amendments that are necessary to ensure the Plans remain a working document that reliably, and realistically, informs the management process itself and other processes such as the preparation of local plans at the same time taking into account on-going reduced resources for implementation.

3. Content of the Plans

The County Council has set out in writing its expectations and requirements for the reviewed Plans reflecting national guidance. Defra considers that previous Guidance documents on AONB Management Plans are still fit for purpose but, together with Natural England and the National Association for AONBs, has produced a paper outlining the collective steer to AONB Partnerships in taking forward the next round of Management Plans. The County Council supports the principles outlined in this paper in issuing its own guidance.

The County Council is promoting a 'light touch' approach building on the common format, structure and timetable agreed between the AONBs. However, the Reviews need to reflect changes in the statutory and legislative background as well as new ways of partnership working such as through the Devon Local Nature Partnership, the Devon Landscape Officers Group and Green Infrastructure Partnerships. The Reviews also need to consider their approach to current issues such as "setting", pressures from renewable energy proposals, the requirements to meet Biodiversity 20/20 and ecosystem targets and the public health and well-being agenda.

In consideration of Governance issues, and in the light of likely on going funding reductions, the Review should take into account the actions within the Devon AONBs Adaptation Plan and how these may be further developed, particularly in joint work both with other AONBs but also other Partnerships such as National Parks, World Heritage Sites and Biosphere, where relevant. One example of this is the work on the production of Highways Guidance for Protected Landscapes.

The County Council will judge the content of the Plan against these the criteria in its guidance when it is formally consulted on the draft Plan and before adoption of the final reviewed Plan.

4. The Process and Timetable in Devon

The County Council has encouraged the five AONBs Partnerships in Devon to develop a consistent approach to the development of their plans and to work to a similar timetable. To this end the Partnerships have agreed a broadly similar format and structure to their Plans and adopted the same timetable.

The Consultation Drafts of the Plans are currently being prepared and the local authorities are being requested to endorse the structure and outline content of the Draft Plan for consultation. It would be normal practice for this Committee to formally agree a full draft for public consultation but due to the timetabling of meetings this is not possible. However, the Consultation Drafts will be approved by the AONB Partnerships on which DCC Members are represented prior to consultation during late summer and early autumn.

At that point the County Council will be able to submit formal comments. Account will be taken of the feedback and comments and an amended draft Final Plan will be produced for each of the AONB Partnerships by December 2013. Local authorities will be asked to adopt these Final Plans during January and February 2014. It is proposed that these will be signed off on behalf of the County Council by the Cabinet Member for the Community and Environmental Services through the delegated decision process.

5. Draft Consultation Version of the Tamar Valley AONB Management Plan 2009 2014

The Consultation Draft of the Management Plan will adopt the general format and structure agreed for all the reviewed AONB Management Plans. Key Priorities for 2014-2019 have been identified by a working group of the AONB Partnership as the following forces for change:

Planning

Renewables

Biodiversity

Food

Farming/woodland

It was recognized that the economy was a factor that should be reflected in positive policies across all action areas.

The changes to the planning system with the introduction of the National Planning Policy Framework will necessitate close working with the respective Local Planning Authorities to agree new planning policies for the AONB. Given the different status of the three local plans (Cornwall, West Devon, South Hams) with regard to their stage of development some flexibility will be needed in approach.

Of particular concern throughout the AONB is the need to reconcile the wider ambitions for the installation of renewable energy capacity with the impacts on the character of the AONB. Neighbourhood plans will also be of significance in ensuring that community needs are met whilst protecting the landscape character from the cumulative impacts of incremental small scale development.

Tamar Valley AONB has been a partner in the Interreg project 'Cordiale', in which approaches to community involvement in site monitoring, and the development of tools to stimulate a woodfuel market that is consistent with the landscape protection objectives of the designation are key. It is hoped to incorporate the learning from this work into the new plan.

The Strategic Environmental Assessment and Sustainability Appraisal will identify other aspects of the current plan that may need revision.

6. Financial Considerations

The Management Plan Review is being undertaken as part of the AONB services' core functions, for which Defra contribute 75% of the funding; the remaining 25% is provided between all the local authorities on the Partner and these contributions are set out formally in a four year Memorandum of Agreement from 2011/12 to 2014/15. Costs of undertaking the Reviews are being met from these existing core budgets.

7. Sustainability, Carbon Impact, Equality and Public Health Considerations

It is a requirement that AONB Management Plans are subject to a Strategic Environmental Assessment, Habitat Regulations Assessment and Equality Impact Assessment. These are being drafted and will be subject to Consultation alongside the Management Plans. This should ensure that sustainability, environmental, equality and public health issues have been fully taken into account.

8. Legal Considerations

Under the CROW Act, the County Council and the relevant District Council(s) have a statutory duty for ensuring that AONB Management Plans are periodically reviewed. The current Review process meets that responsibility.


9. Risk Management Considerations

Risks associated with the Management Plan can be categorised as reputational, relating to not undertaking full public consultation; legal, relating to not having statutory plans in place to ensure effective management of the AONB; and financial, related to lack of strategic context for making funding bids to deliver activity.

10. Options/Alternatives

The County Council could have resolved to undertake the Management Plan Reviews itself or in conjunction with the relevant District Council(s). This would have ignored the existing governance structure and expertise of the AONB Partnerships.

11. Reasons for Recommendation/Conclusion

The Review procedure will allow the County Council to fulfil its statutory obligation and also to ensure that the Management Plan Reviews are subject to appropriate consultation.

Dave Black

Head of Planning, Transportation and Environment

Electoral Divisions: Bickleigh & Wembury; Okehampton Rural; Tavistock; and Yelverton Rural

Local Government Act 1972 - List of Background Papers

Contact for enquiries: Lesley Garlick

Room No: Lucombe House AB3, County Hall, Exeter, EX2 4QD

Tel No: (01392) 382474

Background Paper

Date

File Ref

Nil

lg220513wdc

sc/cr/tamar valley aonb man plan

02 hq 240513