5 Areas of outstanding natural beauty

13.82 Areas of Outstanding Natural Beauty (‘AONBs’) were formerly designated by the Countryside Commission under s 87 of the National Parks and Access to the Countryside Act 1949.

13.83 Before making a designation order, the conservation body must consult every local authority whose area includes any part of the area to which the proposed AONB order relates, and the draft order must be published in the London Gazette and in one or more local newspapers circulating in the area. The order must be confirmed by the Secretary of State (in the case of an AONB in England) or by the National Assembly for Wales (where the order is made by the Natural Resources Wales in relation to land in Wales). Local authorities enjoy the same powers as under s 11 of the 1949 Act in relation to National Parks, and s 90 of the 1949 Act gives the local planning authority power to make bylaws to protect land in an AONB. This is supplemented by s 84(4) of the Countryside, etc Act 2000 which gives any local planning authority whose area consists of or includes the whole or any part of an AONB power to take all such action as appears to them expedient for the accomplishment of the purpose of conserving and enhancing the natural beauty of the area of the AONB or so much of it as is included in their area. Section 85 of the Countryside, etc Act 2000 places a general duty on any Minister of the Crown, any public body (including any County Conservation Body, District or Parish Community Conservation Body or joint planning board) any statutory undertaker or any person holding public office to have regard to the purpose of conserving and enhancing the natural beauty of an AONB when exercising or performing any functions in relation to land in the area.

13.84 The principal innovation introduced by the 2000 was the establishment of Conservation Boards in AONBs.¹⁸⁷ By virtue of s 87(1) of the 2000 Act, where established, it is the duty of a Conservation Board, in exercising its functions, to have regard to:

(a)the purpose of conserving and enhancing the natural beauty of the Area of Outstanding Natural Beauty and

(b)the purpose of increasing the understanding and enjoyment by the public of the special qualities of the AONB. If there is a conflict between these two purposes, the Conservation Board are to attach greater weight to purpose (a) ie conserving and enhancing the natural beauty of the area. The Conservation Board must also seek to foster the economic and social wellbeing of local communities within the AONB, but without incurring significant expenditure in doing so, and must to that end co-operate with local authorities and public bodies whose functions include economic or social development within the relevant area.¹⁸⁸ Conservation Boards have a general power¹⁸⁹ to do anything which in their opinion is calculated to facilitate, or is conducive or incidental to the accomplishment of, their statutory purposes (above) or the carrying out of any functions conferred on them by statute. Supplementary powers are conferred by Sch 14 to the 2000 Act, which gives Conservation Boards the right to acquire land, and also to dispose of land where necessary. Furthermore, where the Secretary of State or the National Assembly for Wales (whichever applies) consider it expedient for the fulfilment of the statutory purposes for which a Conservation Board has been established, they may provide for the transfer to the Board of local authority functions insofar as they relate to the AONB in question, or provide for any function of a local authority to be exercisable concurrently by the local authority and the Conservation Board.¹⁹⁰

13.85 The Secretary of State’s power to establish Conservation Boards is exercisable by statutory instrument, subject to annulment by resolution of either House of Parliament.

13.86 Where established, a Conservation Board must within two years prepare and publish a management plan formulating its policy for the management of the AONB and for the carrying out of its functions in relation to it. Where no Conservation Board has been established, every relevant local authority in respect of an AONB must, before the end of three years following the commencement of the 2000 Act (or within three years of the date on which the area is designated an AONB) prepare and publish a management plan, formulating (in similar terms) its policy for the management of the AONB and for the carrying out of its functions in relation to it. Where a management plan is already in existence, a Conservation Board or relevant local authority can review it and adopt the plan as reviewed as their area of Outstanding Natural Beauty management plan. Where they are proposing to publish, adopt or review any management plan under these provisions, a Conservation Board or local authority must (if in England) give notice to Natural England, and if the AONB is in Wales to Natural Resources Wales. If the reviewing authority is a Conservation Board, it must (furthermore) give notice to every local authority whose area is wholly or partly comprised in the AONB of its intention to review and adopt the management plan. A statutory duty of consultation is applied by s 90 of the 2000 Act, requiring the local authority and/or Conservation Board (whichever applies) to take into consideration any observations made by statutory consultees. The Secretary of State, (as respects England) and the National Assembly for Wales (as respects Wales) have power to make grants to a Conservation Board on such terms as they think fit, after prior consultation (in the case of AONBs in England) with the conservation bodies.¹⁹¹

13.87 Land in an AONB is ‘Article 2(3) land’ within the meaning of the Town and Country Planning Permitted Development Order 2015¹⁹² and as such the range of permitted development is restricted. The restrictions on agricultural operations applicable to National Parks (above) do not apply in an AONB. However, the restricted permitted development rights in an AONB relate principally to the permitted domestic industrial classes of permitted development right.