www.naturalengland.org.uk

Suffolk Coast & Heaths AONB Boundary Variation Project

24 September 2014, David Vose, Jonathan Dix

BackgroundThe project to formally consider a variation to the boundary of the SC&H AONB boundary

Suffolk Coast & Heaths AONB background to the proposal

• AONB designation confirmed in 1970• SC&H AONB defined Additional Project Area• Tendring and Essex joined partnership in 1993

A long standing aspiration to extend the boundary into Essex• Policy TCR10A in 1993 Tendring Local Plan• Policy NR3 in 2001 Essex Structure Plan • LUC undertook boundary work in 2003• Emerging Tendring Local Plan has Policy PLA5

Additional Project Area

Making the aspiration a reality

• A long history of representations to Natural England and predecessor bodies, culminating in:

• Sept 2011: report produced: “Suffolk Coast & Heaths AONB Candidate Area Proposal for Boundary Variation” Alison Farmer Assoc.

• July 2013: proposal that Natural England makes an AONB Variation Order to include almost 36 km2 of land comprising tidal estuary and coastal farmland and woodland along the Southern Stour valley.

• December 2013: Natural Board approved the initiation of a project to determine for itself whether the AONB boundary should be varied

• July 2014: Natural England project team established

www.naturalengland.org.uk

Suffolk Coast & Heaths AONB Boundary Variation Project

Legal framework & background

The task (& guidance)

Next steps for SC&H

Legal Framework

• National Parks and Access to the Countryside Act 1949

amended for AONBs subsequently, currently determined by

• Countryside and Rights of Way Act 2000

Legislation requires Natural England to address the following:

1.Does the landscape have sufficient

natural beauty?

2.Is it desirable to designate this landscape as AONB?

3.Where should the boundary be drawn?

Guidance

The initial assessment process in summary

• Define Area of Search• Define an Evaluation area• Identify Candidate Area which meets the criterion for Natural Beauty• Consider issues relevant to the desirability of designation• Undertake any other required statutory assessments (eg possible

requirement for SEA & EqIA)• Identify draft detailed boundaries within Candidate Area• Undertake consultations including statutory • Make any required amendments to the proposals and boundaries• Submit to Natural England Board for approval

The formal designation process in summary (1)

( If Natural England Board approve the designation variation)

•Natural England produce draft legal orders (which in this case would be to vary the boundary of the SC&H AONB)

•The draft Order is put ‘on deposit’: an opportunity for anyone wishing to do so to make written representations (objecting to, supporting or suggesting amendments)•Following any final amendments, Natural England make the legal Orders

The formal designation process in summary (2)

• Legal Orders are then submitted to the Secretary of State

• SoS may decide to hold a public Inquiry

• SoS may decide to confirm the Orders, with or without modifications. She may also decide not to confirm the Orders.

• If minded to confirm, a Confirmation Order is produced – specifies any modifications and when any new designation comes into effect

• A period of ‘Notice’ follows during which anyone may challenge the decision

Some technical points in a little greater detail: Defining Natural Beauty

• Characterisation and evaluation use landscape character assessment techniques to gather information in a structured way

• Characterisation divides the landscape to form a ‘spatial framework’

• Evaluation makes judgements on the value of the landscape (for AONBs the value is Natural Beauty)

However please note Natural Beauty is not:• Landscape character• Characteristic natural beauty• Natural landscape untouched by man

Character Assessment of Stour Area

Natural Beauty Factors and Indicators

Assessment covers a range of factors and indicators which can contribute to high levels of natural beauty….such as:

Landscape Quality intactness or incongruous elements

Scenic Quality visual aesthetics & interest, sense of place

Relative Wildness sense of remoteness, openness, exposure

Relative Tranquillity Contributors and detractors

Natural Heritage geology, landform, habitats, wildlife

Cultural Heritage historic features & archaeology, artistic associations

Nb assessment of current natural beauty not future potential

The desirability of designation

The decision whether it is desirable to designate is at the heart of the legislation. The issues for Natural England to determine include:

•Does the area satisfy AONB technical criteria?•Is it of such significance that AONB purposes should apply to it?•What are the issues affecting the area‘s special qualities •Can AONB purposes be best pursued through the management mechanisms, powers and duties which come with AONB designation?•Are there other relevant factors which tend to suggest whether it is or is not desirable to designate the area?

The desirability of designation

The more directly or substantially a factor bears upon the achievement

of AONB purposes the more weight Natural England is likely to give it

in the decision whether or not it is desirable to designate

Issues that are likely to be raised in consultation include:

• Perceptions about the potential implications of designation. These

are likely to include socio-economic issues & planning• County boundaries and identity• Area specific issues and local campaigns

Some of these issues are very likely to be given less weight.

Boundary Setting Considerations

Appendix 4 of our Guidance contains guidelines to use when setting a boundary covering the following•Transitional areas: the boundary should be tightly drawn•Types of boundary: easily distinguishable permanent physical boundary•Other boundaries: avoid using LA and/ or landholding boundaries•Inclusion of settlements: only if within a wider tract of qualifying land•Integrity of settlements: avoid cutting a settlement in two •Incongruous development: excluded unless of a temporary or transient nature •Land allocated for major development: normally exclude•Features of interest: include where practicable

Statutory Consultation

The questions to be asked:

• Do you agree that each area has sufficient natural beauty? • Do you agree that it is desirable to designate the proposed area as

an extension to the SC&H AONB? • Do you agree with the proposed boundary?

Where we are now:

A proposed Candidate Area as produced by Alison Farmer Associateson behalf of the SC&H AONB Partnership

Next Steps

Natural England’s Suffolk Coast & Heaths AONB Boundary Variation Project is required to:•Determine which statutory assessments are required•Review the Candidate Area proposed by the AONB partnership:

– does this area contain sufficient natural beauty to be considered for designation?

– Is this the full extent of the area that should be considered?•Evaluate issues relevant to a consideration of the desirability of designation•Identify proposed detailed boundaries•Submit proposed boundaries to our Executive Board for approval to go out to statutory consultation

Technical Advisory Group

• To provide professional/ technical advice and assistance to Natural England in developing its proposals to vary the boundary of the Suffolk Coast & Heaths AONB

• Advice to be without prejudice to the Local Authorities’  subsequent views on the emerging proposals.

In summary..........

• Developing a rigorous and defendable process is critical • Ensuring that we have as a good an evidence base as possible is

essential• Key decisions must always be made by the Natural England Board• Analysis and other technical aspects of the project are time

consuming and therefore 2 to 3 years is likely to be needed • Ultimately the boundary will only change if a future Variation Order

is confirmed by the Secretary of State