Decision details

To seek approval to endorse the new Cotswold Management Plan 2023-25 for the National Landscape, referred to in the legislation as an Areas of Outstanding Natural Beauty (AONB).

INTENTION TO MAKE DECISION

Following consultation with officers I give notice that I intend to make the decision set out in the attached report. If you would like to make any representations to me on this issue, please do so by 7 June 2024.

The endorsement of the Cotswold Management Plan fulfils the duties placed on the authority under Section 89 of the Countryside and Rights of Way Act 2000. The Management Plan, as proposed, has been given due consideration by the council as part of the development and consultation process.

The council has been an integral part in the development of the Management Plan and as part of the consultation process that followed. All comments received have been given due consideration and the final management plan was amended to take these into consideration. Whilst there is an option to not endorse the Plan there remains a duty under the Rights of Way Act to have such a plan in place and a strengthened duty that the LPA must seek to further the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty.

Wiltshire Council is required by Section 89 of the Countryside and Rights of Way Act 2000 to prepare and publish a management plan for any and all Areas of Outstanding Natural Beauty (AONB) that fall wholly or partially within its area. AONB are now referred to as National Landscapes following rebranding in 2023.

Section 89 of the Act requires the council to, ‘prepare and publish a Management Plan which formulates [their] policy for the management of the AONB and for carrying out of their functions in relation to it.’’

National Landscape Management plans have to be reviewed every five years. The new plan was adopted by the Cotswold National Landscape Conservation Board on 21^st February 2023 following extensive consultation. Cllr Steve Bucknell represented Wiltshire Council on the CNL Board. The current Cotswold Management Plan covers the period 2023-2025.

The Conservation Board constitution for the Cotswold is quite different from both other NL’s such as North Wessex Downs and Cranborne Chase, as it is one of only two Conservation Boards. The Cotswold NL have a Board of 37 Members – 15 Councillors (one from each of our local authority partners), 14 Secretary of State (Defra) appointees and 8 parish/town council appointees.

An important consideration for local authorities in endorsing the plan is the extent of alignment with local authority plans including development plans (i.e. Local Plans, Minerals and Waste Local Plans, Neighbourhood Plans and Development Plan documents). However, endorsement does not require a complete alignment between the Cotswold Management Plan and other local authority plans.

Considering that there are 15 local planning authorities coincident with the Cotswolds National Landscape, each with multiple documents that constitute their development plans, achieving such alignment would be challenging.

It is therefore intended that the Management Plan will help inform the development of future Local Authority plans and so it is, to a certain extent, aspirational. Page 13 of the Cotswold Management Plan addresses this particular point:

“One of the areas which the Management Plan policies relate to is in the policy-making and decision-taking of local planning authorities (LPAs). For example, it is hoped that LPAs will have regard to the Management Plan policies when reviewing and developing their own policies, including those within their development plans. The Management Plan policies are aspirational and as such, they might go further than current policies in individual development plans. It is intended that these aspirational policies will aid in helping to develop and evidence new local plan policies.

The Management Plan should be a material consideration in planning decisions. However, it is recognised that planning law requires that applications for planning permission be determined in accordance with the LPA’s development plan (unless material considerations indicate otherwise)”.

It should be noted that since the plan was written the Levelling Up and Regeneration Act 2023 placed a stronger requirement on LPA’s to contribute to the delivery ofNational Parks and National Landscape (AONB) Management Plans.

The council meets the aforementioned duties by endorsing a singular Management Plan for the National Landscape that covers the full extent of the protected area, prepared by the Conservation Board and endorsed by all 15 of the local authorities parts of whose areas lie within the boundary. Wiltshire Council is now asked to formally endorse the 23-25 management plan.