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Dedham Vale AONB Position Statement (September 2013)

Development in the setting of the Dedham Vale Area of Outstanding Natural
Beauty

Introduction

1. Areas of Outstanding Natural Beauty (AONBs) are designated by the
Government for the purpose of ensuring that the special qualities of the finest
landscapes in England and Wales are conserved and enhanced. In policy terms
they have the same planning status as National Parks.

2. The Dedham Vale AONB designation seeks to conserve and enhance the
natural beauty of the Dedham Vale AONB and to increase the awareness and
understanding of the special qualities of the AONB.

Purpose

3. This Statement provides guidance to local planning authorities, landowners
and other interested parties regarding the consideration of the impact of
development and land management proposals which lie outside the AONB but
within its “setting” (“development” includes transport and other infrastructure as
well as proposals requiring planning applications; “land management” includes
tree planting, energy crops, and drainage schemes).

4. The Partnership considers the setting of the Dedham Vale AONB to be the
area within which development and land management proposals, by virtue of
their nature, size, scale, siting materials or design can be considered to have an
impact, positive or negative, on the natural beauty and special qualities of the
Dedham Vale AONB.

5. This Statement expands upon issues raised in the Dedham Vale AONB
Management Plan 2010 -15 in particular in the following management plan
polices:

LFB2. Encourage changes in land use to reflect local landscape character
assessments… [and that] are not detrimental to landscape and tranquillity

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LFB4. Seek to protect the tranquillity of the area, including its setting, from
intrusive communication and utility infrastructure; noisy recreational pursuits; air
traffic; some forms of national scale renewable energy facilities and light
pollution.

SP2. Ensure that business development brings economic benefits to the local
area and does not adversely affect… the qualities, including the setting, of the

SP7. Ensure that development does not detract from the area’s character.

6. The need to consider the impact of proposals within the setting of the AONB is
set out in the National Planning Policy Framework (NPPF), local planning policies
and guidance from Natural England and English Heritage. These are discussed
more fully in Appendix A, together with extracts from relevant planning appeals in
Appendix B. The special qualities of the Dedham Vale AONB are identified in the
AONB Management Plan and are set out in Appendix C.

7. This Statement is intended to be used to secure appropriate policies
responding to this issue in Local Plans and other policy documents which relate
to the Dedham Vale AONB and assist the decision making process with respect
to proposals for development or land management out side the AONB
designation, yet of contextual relevance to this area.

8. The need to consider the potential impact of developments within the setting of
the AONB on the natural beauty and special qualities of the AONB itself are
explicitly referred to in the NPPF and in a number of emerging and adopted Local
Plans in relation to the Dedham Vale AONB. These are discussed more fully in
Appendix B which is attached to this document. The NPPF also sets out the
national planning approach for conserving and enhan cing the historic
environment. While a development may have an adverse impact, circumstances
can be envisaged where a development or changes in land use e.g. tree planting
outside the AONB could enhance the AONB by mitigating or removing unsightly
existing structures which may adversely impact upon the AONB.

9. The Partnership will seek to ensure that the importance of considering the
impact of development and land management proposals outside the Dedham
Vale AONB on the natural beauty and special qualities of the AONB is made
clear in all Local Plans and in policies in any other relevant documents.

10. The Partnership will expect local authorities to be mindful of both the possible
positive and negative impacts of a development within the setting of the AONB
and on the natural beauty and special qualities of the AONB when determining
planning applications. Local Authorities should seek the views of the AONB team
(who may in turn seek advice from the Joint Advisory Committee (JAC) where
necessary, particularly when significant impacts are anticipated.

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11. The setting of the Dedham Vale AONB does not have a geographical border.
The character, location, scale, materials or design of a proposed development or
land management activity will determine whether it affects the natural beauty and
special qualities of the AONB. A very large development may have an impact
even if some considerable distance from the AONB boundary.

12. Examples of adverse impacts will include:

• Development not appropriate to the landscape setting of the AONB
• Blocking or interference of views out of the AONB particularly from public
viewpoints
• Blocking or interference of views of the AONB from public viewpoints
outside the AONB
• Loss of tranquillity through the introduction of lighting, noise, or traffic
movement
• Introduction of an abrupt change of landscape character
• Loss of biodiversity, particularly species of importance within the AONB
• Loss of features of historic interest, particularly if these are contiguous
with features within the AONB
• Reduction in public access to or within the AONB
• Increase in air or water pollution

13. Adverse impacts might not be visual. The special qualities of the Dedham
Vale AONB include tranquillity. A development which is noisy or introduces
intensive visitor activity into a previously undeveloped area, may well impact
adversely on tranquillity even if not visible from the AONB.

14. The staff unit will monitor, comment in conjunction with the Joint Advisory
Committee as appropriate, and report significant planning application decisions
which relate to the impact of development within the setting of the Dedham Vale
AONB on the natural beauty and special qualities of the AONB.

15. In accordance with Section 85 of the Countryside and Rights of Way Act
2000, the relevant authorities operating with the Dedham Vale AONB have a
statutory duty to conserve and enhance the natural beauty of the AONB. The
AONB also has secondary purposes to increase awareness and understanding
of the special qualities of the AONB, to take account of the needs of agriculture,
forestry and other rural industries and to foster the social and economic well
being of local communities and those who live and work in the area.

16. The governance of the AONB is undertaken by the Joint Advisory Committee,
which is made up of appointed representatives from Suffolk County Council,
Essex County Council, Babergh District Council, Colchester Borough Council
and Tendring District Council. In addition, Braintree District Council and St.

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Edmundsbury Borough Council are part of the committee because they represent
the additional Stour Valley Project Area which is managed alongside the Dedham
Vale AONB.

17. The Dedham Vale AONB was first designated in 19 70 and has been
extended twice since then. It is one of 35 Areas of Outstanding Natural Beauty in
England. It is the fourth smallest AONB, covering 90 sq km and is a landscape of
equal importance with National Parks such as Snowdonia and the Lake District.

For further information contact:
Dedham Vale AONB Manager
01473 264263
dedhamvale.project@suffolk.gov.uk

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APPENDIX A – Policy guidance on the consideration of development
proposals within the setting of protected la ndscapes

National Environmental Legislation and requirements

18. Areas of Outstanding Natural Beauty (AONBs) are designated by the
Government for the purpose of ensuring that the special qualities of the finest
landscapes in England, Wales and Northern Ireland are conserved and
enhanced. The primary purpose of AONB designation is to conserve and
enhance the natural beauty of the area, as confirmed by Section 82 of the
Countryside and Rights of Way Act 2000 (CRoW Act).

19. The Government has confirmed that the landscape qualities of AONBs and
National Parks have equal status in terms of protection, and the protection given
by the land use planning system to natural beauty in both types of area should
also be equal. The AONB designation is also of international importance,
recognised as a Category V Protected Landscape by the International Union for
the Conservation of Nature (IUCN) and AONBs are def ined within the
Environmental Impact Assessments Regulations for specific consideration as a
“sensitive area”.

20. Within Section 85 (1) of the CRoW Act 2000 there is a duty on all relevant
authorities to have regard to this purpose in exercising or performing any
functions in relation to, or so as to affect land in AONBs
1
. This Duty of Regard
requires all public bodies, down to parish council level, to consider the AONBs
nationally protected status in any land use related decisions. This includes
planning applications and the formulation of Local and Neighbourhood Plans.

21. Sections 88 and 89 of the Act state that each Local Authority or Conservation
Board shall prepare and publish a Management Plan for their AONB which
should then be reviewed at intervals of no more than 5 years. Management
Plans are adopted statutory policy of the Local Authority AONB and have been
recognised as a ‘material consideration’ in the planning decision making process.

22. Guidance on how the implication of the Duty of Regard and how it may be
discharged was issued by Department for Environment, Food & Rural Affairs
(DEFRA) in 2005
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. This includes the statement “Additionally, it may sometimes
be the case that the activities of certain authorities operating outside the
boundaries of these areas may have an impact within them. In such cases,
relevant authorities will also be expected to have regard to the purposes of these
areas”. The Guidance includes a list of relevant authorities, although this is not
definitive.

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Section 88 of the Crow Act sets out the duty on all relevant authorities in relation to exercising
or performing any functions in AONBS

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Duties on relevant authorities to have regard to the purposes of National Parks, Areas of
Outstanding Natural Beauty (AONBs) and the Norfolk and Suffolk Broads. Defra (2005)  

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23. Natural England (NE) published more detailed guidance in 2010
3
. It includes
a case study from the Northumberland National Park regarding “Working to
ensure policies include the impact on National Parks from development beyond
their boundaries.”

24. NE’s also published Spatial Planning Position
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in Position 5 (2009) which
considers the protection and enhancement of protected landscapes: “Spatial
planning policies and decisions should ensure the highest levels of protection
and enhancement for England’s protected landscapes, habitats, sites and
species.” The explanatory text states “Natural England interprets the protection
and enhancement of all sites, habitats and landscapes widely. This includes
safeguarding their character, qualities and features, including where appropriate,
their settings…”

This includes the statement:
“Natural England regards the setting of protected landscapes as being
potentially influential on the conservation of the special qualities of the
National Park or AONB concerned.”

The guidance continues
“Spatial plans should include policies that take into account the sensitivity of
the setting of protected landscapes.” The potential for developments to
dominate the setting of protected landscapes requir es careful
consideration.”

National Legislation and National Planning Policy Framework

25. The primary legislation in relation to AONB designation is from the CRoW Act
(2000) and originally from the 1949 National Parks and Access to the
Countryside Act.

26. The amount of policy relating to AONBs has reduced greatly since the
removal of Structure Plans and abolition of the Regional Spatial Strategies.
Policies for AONBs are now solely contained in the National Planning Policy
Framework (NPPF), Local Plans and emerging Neighbourhood Plans.

27. The NPPF identifies the three dimensions of sustainable development, as
being economic, social and environmental. P
aragraph 14 of the NPPF promotes
“a presumption in favour of sustainable development” but then highlights the
position for plan makers and for decision makers areas where this policy may be

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“England’s statutory designations: A practical guide to your duty of regard” Natural England
NE243 (2010)  
4
Natural England’s Spatial Planning Position (2009)
(http://www.naturalengland.org.uk/Images/PlanningPosition_tcm6-16604.pdf  

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restricted. Footnote 9 in the NPPF specifically identifies AONBs as such areas
where restrictions may apply to the above presumption.

28.
Paragraph 11 of the NPPF confirms the requirement in the Planning and
Compulsory Purchase Act 2004 that applications must be determined in
accordance with an up to date development plan, unless material considerations
indicate otherwise.

29. In relation to plan making, paragraph 113 states that local planning
authorities should set criteria based policies against which proposals for any
development on or affecting protected wildlife or geodiversity sites or landscape
areas will be judged.
The phrase “or affecting” landscape areas supports the
need for setting as a consideration in policy making.

30. Paragraph 115 provides specific planning guidance for plan makers and
decision takers in relation to AONBs
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and confirms that great weight should be
given to conserving landscape and scenic beauty and that AONBs have the
highest status of protection in relation to landscape and scenic beauty.

31. In specific relation to major development, paragraph 116 of the NPPF states
that planning permission should be refused for major developments in AONBs
except in exceptional circumstances and where it can be demonstrated that they
are in the public interest, and sets a series of 3 tests that have to be assessed.
What constitutes “major development” has not been defined and will be
assessed on its merits, according to local circumstances.

32. The ‘great weight test’ is significant and one of the most stringent legal tests
that can be applied under planning law.

33. The NPPF also contains a number of references to various forms of pollution.
Pollution can result from outside the AONB, but impact on and into the AONB
including from noise, dust, and light.

34. Paragraph 125 states “By encouraging good design, planning policies and
decisions should limit the impact of light pollution from artificial light on local
amenity, intrinsically dark landscapes and nature conservation.”

35. At paragraph 123 of the NPPF it is also recommended that policy makers and
decision takers “identify and protect areas of tranquillity which have remained
relatively undisturbed by noise and are prized for their recreational and amenity
value for this reason.”

36. The “presumption in favour of sustainable development” therefore may be
overridden within AONBs by the need to take account of such designations and

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NPPF paragraphs 14 (and footnote 9), 115 & 116)

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the legislation and policies covering them i.e. CROW Act 2000 and paragraphs
11, 14 (footnotes 9 and 10), 113, 115 and 116, 123 and 125 of the NPPF. AONB
Management Plans are also material considerations w hen development
proposals with the potential to affect an AONB are being considered

Heritage – Setting, Assets and Significance
37. The concept of “setting” is set out in legislation
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and guidance
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relating to
designated historic assets.

38. A “Heritage asset” is defined in the glossary of the NPPF as “a building,
monument, site, place, area or landscape identified as having a degree of
significance meriting consideration in planning decisions, because of its heritage
interest. Heritage asset includes designated heritage assets and assets identified
by the local planning authority (including local listing).”

39. In view of the number, scale, quality and distribution of designated and non-
designated historic features in the Dedham Vale AONB, the AONB is a
landscape which can be considered a heritage asset under this definition. In
addition, the Dedham Vale AONB is unique amongst the English and Welsh
family of AONBs in that it was designated for predominantly cultural reasons, in
particular the area’s association with the artist John Constable. The NPPF
definition is relevant in this context with regards to the Dedham Vale AONB
because it is a heritage asset which inspired artists. Paragraph 16 of the PPS5
Planning for the Historic Environment Practice Guide (2010) further supports this
position as it states that “National Parks, the Broads and Areas of Outstanding
Natural Beauty are designated to conserve both the natural environmental
cultural heritage of these areas.”

40. The NPPF glossary and the PPS5 Planning for the Historic Environment
Practice Guide (2010) defines the setting of a heritage asset as “the
surroundings in which a heritage asset is experienced. Its extent is not fixed and
may change as the asset and its surroundings evolve. Elements of a setting may
make a positive or negative contribution to the significance of an asset, may
affect the ability to appreciate that significance or may be neutral. Further
guidance on this issue is to be found in ‘The Setting of Heritage Assets’
published by English Heritage in 2011.

41. Further guidance on the consideration of the setting of heritage assets is also
included in the “Historic Environment Planning Practice Guide” published by
English Heritage in March 2010. All heritage assets have a setting, irrespective of
the form in which they survive and whether they are designated or not. The

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Sections 16 and 66, Planning (Listed Buildings and Conservation Areas) Act 1990
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Planning Policy Statement 5 “Planning for the historic Environment Historic Environment
Planning Practice Guide (2010) Policy HE10 paragraphs 113 – 124

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guidance states that “ For the purposes of spatial planning, any development or
change capable of affecting the significance of a heritage asset or peoples
experience of it can be considered as falling within its setting. “ This includes
transport proposals which can also affect the setting of heritage assets.
42. Paragraphs 114 – 124 of the PPS5 Practice Guide provides more detailed
information about understanding setting and its contribution to significance.
114. The extent and importance of setting is often expressed by reference
to visual considerations. Although views of or from an asset will play an
important part, the way in which an asset is experienced in its setting is also
influenced by other environmental factors such as noise, dust and vibration,
by spatial associations, and, by our understanding of the historic
relationship between places. For example, buildings that are in close
proximity but not visible from each other may have a historic or aesthetic
connection that amplifies the experience of the significance of each. They
would be considered to be within one another’s setting.
115. Setting will, therefore, generally be more extensive than curtilage and
its perceived extent may change as an asset and its surroundings evolve or
as the understanding of the asset improves.
116. The setting of a heritage asset can enhance its significance whether or
not it was designed to do so. The formal parkland around a country house
and the fortuitously developed multi-period townscape around a medieval
church may both contribute to the significance.
117. The contribution that setting makes to the significance does not
depend on there being public rights or an ability to access or experience
that setting. This will vary over time and according to circumstance.
Nevertheless, proper evaluation of the effect of change within the setting of
a heritage asset will usually need to consider the implications, if any, for
public appreciation of its significance.
Assessing the implications of change affecting setting
118. Change, including development, can sustain, enhance or better reveal
the significance of an asset as well as detract from it or leave it unaltered.
For the purposes of spatial planning, any development or change capable of
affecting the significance of a heritage asset or people’s experience of it can
be considered as falling within its setting. Where the significance and
appreciation of an asset have been compromised by inappropriate changes
within its setting in the past it may be possible to enhance the setting by
reversing those changes.
119. Understanding the significance of a heritage asset will enable the
contribution made by its setting to be understood. This will be the starting
point for any proper evaluation of the implications of development affecting
setting.
The effect on the significance of an asset should be considered and
weighed-up following the principles set out in policies HE 7, 8 and 9 of the

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PPS5 Planning for the Historic Environment Practice Guide
8
(2010). These
principles include thorough data collection to enable a proper assessment of
all potential impacts to a heritage asset to be made, understanding harm
and sensitivity to change, understanding setting and seeking expert advice
when necessary to ensure effective decisions are made when development
proposals affecting a heritage asset are proposed. While most
considerations are most likely to address the addition or removal of a visual
intrusion, other factors such as noise or traffic activity and historic
relationships may also need to be considered.
120. When assessing any application for development within the setting of a
heritage asset, local planning authorities may need to consider the
implications of cumulative change and the fact that developments that
materially detract from the asset’s significance may also damage its
economic viability now, or in the future, thereby threatening its ongoing
conservation.
121. The design of a development affecting the setting of a heritage asset
may play an important part in determining its impact. The contribution of
setting to the historic significance of an asset can be sustained or enhanced
if new buildings are carefully designed to respect their setting by virtue of
their scale, proportion, height, massing, alignment and use of materials.
This does not mean that new buildings have to copy their older neighbours
in detail, but rather that they should together form a harmonious group.
122. A proper assessment of the impact on setting will take into account,
and be proportionate to, the significance of the asset and the degree to
which proposed changes enhance or detract from that significance and the
ability to appreciate it.
124. Transport proposals can affect the setting of the heritage assets and
highways authorities are advised to consult with the local planning authority
in such circumstances.
43. Many of these principles have been carried forward into Section 12
(paragraphs 126 -141) of the NPPF to guide the conservation and management
of the historic environment. They are therefore applicable to any planning
application coming forward in or close to the Dedham Vale AONB.
126. Local planning authorities should set out in their Local Plan a positive
strategy for the conservation and enjoyment of the historic environment. In
developing this strategy local planning authorities should take into
account: the wider social, cultural, economic and environmental benefit
that conservation of the historic environment can bring and opportunities
to draw on the contribution made by the historic environment to the
character of a place.

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PPS 5 Planning for the Historic Environment Historic Environment Planning Practice Guide
Policies HE 7 – HE 9

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128. In determining applications, local planning authorities should require
an applicant to describe the significance of any heritage assets affected,
including any contribution made by their setting. The level of detail should
be proportionate to the assets’ importance and no more than is sufficient
to understand the potential impact of the proposal on their significance. As
a minimum the relevant historic environment record should have been
consulted and the heritage assets assessed using appropriate expertise
where necessary.

132. When considering the impact of a proposed development on the
significance of a designated heritage asset, great weight should be given
to the asset’s conservation. The more important the asset, the greater the
weight should be. Significance can be harmed or lost through alteration or
destruction of the heritage asset or development within its setting. As
heritage assets are irreplaceable, any harm or loss should require clear
and convincing justification.

133. Where a proposed development will lead to substantial harm to or
total loss of significance of a designated heritage asset, local planning
authorities should refuse consent, unless it can be demonstrated that the
substantial harm or loss is necessary to achieve substantial public benefits
that outweigh that harm or loss, or all of the following apply:

● the nature of the heritage asset prevents all reasonable uses of the site;
and
● no viable use of the heritage asset itself can be found in the medium
term through appropriate marketing that will enable its conservation; and
● conservation by grant-funding or some form of charitable or public
ownership is demonstrably not possible; and
● the harm or loss is outweighed by the benefit of bringing the site back
into use.

Significance of Setting
44. The concept of the significance of setting has to be recognised with respect
to protected landscapes (AONBs and National Parks).

45. The NPPF glossary defines Significance (for heritage policy) as “The value of
a heritage asset to this and future generations because of its heritage interest.
That interest may be archaeological, architectural, artistic or historic. Significance
derives not only from a heritage asset’s physical presence, but also from its
setting.

46. PPS5 Planning for the Historic Environment (Historic Environment planning
Practice Guide (2010) was retained following the introduction of the NPPF. This
guidance stipulates that proposals for large-scale energy generation and other
infrastructure schemes, such as wind farms, that have a positive role to play in
the mitigation of climate change and the delivery of energy security, but which

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may impact on the significance of a heritage asset, such as a historic landscape,
should be carefully considered by the developer and planning authority with a
view to minimising or eliminating the impact on the asset. An acceptable balance
between the necessity for measures that meet the challenge of climate change
and the importance of conserving the significance of the asset needs to be
achieved.

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Renewable Energy /Major Infrastructure Projects

47. Paragraph 98 of the NPPF states that when determining applications for
renewable energy “local planning authorities should approve the application
[footnote 18) unless material considerations indicate otherwise] if its impacts are
(or can be made) acceptable.”

48. Planning Policy Statement 22 “Planning for Renewable Energy” was deleted
following the introduction of the NPPF in March 2012. The Companion Guide to
PPS22 (Planning for Renewable Energy A Companion Guide to PPS22
9
, 2004)
however was retained. It includes policy RE 2: Spatial Strategy for Onshore Wind
Development and stipulates that:

“Within designated National Parks, AONBs and Heritage Coasts wind
developments should be limited to individual turbines of no greater than
100kW installed capacity, to provide power to off mains properties and other
small users.”

49. PPS22 has been replaced by a suite of new National Policy Statements
(NPSs) for energy production. The Overarching National Policy Statement NPS
EN -1 sets out the position re future energy requirements for England and Wales.

50. Paragraph 5.9.8 of NPS EN -1 states that “landscape effects depend on the
existing character of the local landscape, its current quality, how highly it is
valued and its capacity to accommodate change. All of these factors need to be
considered in judging the impact of a project on landscape. Virtually all nationally
significant energy infrastructure projects will have effects on the landscape.
Projects need to be designed carefully, taking account of the potential impact on
the landscape. Having regard to siting, operational and other relevant
constraints, the aim should be to minimise harm to the landscape, providing
reasonable mitigation where possible and appropriate.”

Development proposed within nationally designated landscapes

51. Section 5.9.9 of the NPS EN -1 states that “National Parks, the Broads and
AONBs have been confirmed by the Government as having the highest status of
protection in relation to landscape and scenic beauty. Each of these designated
areas has specific statutory purposes which help ensure their continued
protection which the Infrastructure Planning Commission (now the Planning
Inspectorate (PINS) should have regard to in its decision making.

52. The conservation of the natural beauty of the landscape and countryside
should be given substantial weight by PINS when determining applications for
development consent in these areas.

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PPS22 Planning for Renewable Energy A Companion Guide to PPS22 Policy RE2

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53. Paragraph 5.9.10 goes on to say that while the IPC may grant development
consent in these areas in exceptional circumstances it will be necessary to
demonstrate that the development is in the public interest, a need has been
established, alternative locations have been considered outside the designated
areas, any detrimental effect on the environment, landscape and recreational
opportunities have been identified and can be moderated.

54. Paragraph 5.9.11 states that “The IPC should ensure that any projects
consented in these designated areas should be carried out to high environmental
standards, including through the application of appropriate requirements where
necessary”.

Developments outside nationally designated areas which might affect
them

55. Section 5.9.12 of the NPS EN -1
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confirms that the duty to have regard to
the purposes of nationally designated areas also applies when considering
applications for projects outside the boundaries of these areas which may have
impacts within them. The aim should be to avoid compromising the purposes of
designation and such projects should be designed sensitively given the various
siting, operational, and other relevant constraints. The fact that a proposed
project will be visible from within a designated area should not in itself be a
reason for refusing consent.

Visual impact
56. Section 5.9.18 of the NPS EN-1 states that “ All proposed energy
infrastructure is likely to have visual effects for many receptors around proposed
sites. The IPC will have to judge whether the visual effects on sensitive
receptors, such as local residents, and other receptors, such as visitors to the
local area, outweigh the benefits of the project.”

Mitigation
57. Sections 5.9.21 and 5.9.22 of the NPS EN -1 discuss the importance of
mitigation as a way to minimise impacts on designated landscapes and setting. It
stipulates that reducing the scale of a project can help mitigate visual and
landscape effects of a proposed project. However, it also recognises that a
reduction in scale or change to the design of a proposed energy infrastructure
project may result in a significant operational constraint and reduction in function.

58. There may be exceptional circumstances, where mitigation could have a very
significant benefit and warrant a small reduction in function and in these

10
Overarching National Policy Statement for Energy (EN-1) July 2011 Sections 5.9.9., 5.9.11,
5.9.12., 5.9.18. .

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circumstances. The IPC may decide that the benefits of the mitigation to reduce
the landscape and/or visual effects outweigh the marginal loss of function.

59. Within a defined site, adverse landscape and visual effects may be minimised
through appropriate siting of infrastructure within that site, good design and
landscaping schemes.

60. Natural England has also published “Making Space for Renewable Energy” –
Natural England’s approach to assessing on-shore wind energy development”.

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Local Planning Policies relevant to the Dedham Vale AONB
61. The Dedham Vale AONB sits within three local planning authority areas:
Babergh District Council, Tendring District Council and Colchester Borough
Council. The councils have recognised the importance of the AONB in a number
of their local planning policies as set out below. The actual policies are shown in
bold.

Babergh District Council: Local Plan, Chapter 6 – Countryside and
Rural Economy

6.18 Parts of the Dedham Vale and the Suffolk Coast and Heaths Areas of
Outstanding Natural Beauty (AONB) lie in the Babergh District. This
designation indicates national recognition of the landscape quality on a par
with National Parks. Protection of these designated landscapes will be of
prime importance.
Local authorities have a statutory duty under the Countryside and Rights of
Way (CROW) Act 2000, when carrying out their function in relation to, or so
as to affect, land in an AONB to have regard to the purpose of conserving
and enhancing the natural beauty of the AONB. The CROW Act also places
a duty on local authorities, acting jointly with other authorities where
appropriate, to prepare and publish a plan which formulates their policy for
the management of the AONB and for the carrying out of their function in
relation to it. This task has been undertaken by the relevant Partnerships to
produce the Dedham Vale and Stour Valley …….Management Strategies
respectively. In implementing the policies of the Local Plan, the Council will
also seek to implement relevant parts of the Dedham Vale and Stour
Valley……Management Strategies and Action Plans and will resist
development that would conflict with these aims and objectives.

Policy CR02- The landscape of the Dedham Vale and the Suffolk Coast
and Heaths Areas of Outstanding Natural Beauty will be safeguarded
through the strict control of development. Unless there is an
overriding national need for development having a significant impact
in the particular location and no alternative site is available, such
developments will not be allowed. Due regard will be given to the
provisions contained within the Dedham Vale and Sto ur Valley
Management Strategy.

6.19. The provision of public utility services may necessitate the
construction of buildings and other installations, often of a large scale such
as grid lines and water towers. If it is necessary to site these in Areas of
Outstanding Natural Beauty, care should be taken to minimise their impact.

6.20. Many statutory undertakers and utility providers enjoy permitted
development rights, which means that certain types of development
required in connection with the particular utility may be erected without the

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need for a specific planning permission. This may include, for example,
certain types of telecommunications developments (see Chapter 2). Where
they may have a significant adverse impact on an Area of Outstanding
Natural Beauty, the District Council will consider whether such permitted
development rights should be withdrawn, either by the use of conditions
attached to planning permissions, or serving an Article 4 Direction under the
Town and Country Planning. (General Permitted Development) Order 1995
(as amended). The needs and statutory responsibilities of the utility provider
will be taken into account.

Policy CR03 – In considering proposals by statutory undertakers and
utility providers for buildings and installations in Areas of Outstanding
Natural Beauty, particular attention will be paid to siting, design and
landscaping. Major utilities and overhead power lin es will be
discouraged in Areas of Outstanding Natural Beauty.

Babergh Submission Core Strategy (2011)
Section 3 of Babergh’s Submission Core Strategy add resses the
environment in all its forms (including landscapes, the estuarial coast and
biodiversity, etc.) and these will be conserved to protect the district’s
environment, which is of considerable value and diversity. The Core
Strategy recognises landscape as one of the most precious natural assets
in England. Babergh has 2 Areas of Outstanding Natural Beauty, one of
which is the Dedham Vale AONB.

At the heart of the Dedham Vale AONB and Stour Valley is the area known
as “Constable Country” centred on the villages including Dedham, Flatford
and East Bergholt. John Constable’s famous paintings of this landscape
influenced the national designation as an AONB which is now widely
recognised as typifying lowland English countryside. Key features within the
landscape in this area which are significant include; the meandering river
and its tributaries, gentle valley slopes with scattered woodlands, grazing
and water meadows, sunken rural lanes, historic villages with imposing
church towers and historic timber framed buildings, small fields enclosed by
ancient hedgerows and a wealth of evidence of human settlement over
centuries
.

Section 3.3.3 of the Submission Core Strategy sets out the management
approach for protecting Landscape and Character. As part of this approach
future development must be managed to respect the key features and local
distinctiveness. The approach can not simply be that these areas should be
“no go” areas for development (although this may be appropriate in some
locations for some types of development).

18

Section 3.3.4 – Strategy for Environmental Enhancement (Submission
Core Strategy)

Opportunities to enhance the rich and varied environmental resource
in Babergh which comprises; the estuaries, river valleys, AONBs,
biodiversity and Geodiversity areas, open spaces, c ountryside,
heritage assets, conservation areas and historic buildings will be
positively encouraged.

• New provision of Accessible Natural Green space will be a core
focus to the design and layout of development at th e urban
extensions, and other large sites

• Developer contributions will be directed to provision of new areas of
open space where needed and also to enhance existin g areas or
improve the links between existing spaces to enhance the function
and attractiveness of some sites or areas of the countryside.

• All new development will be expected to ensure its design, character
and scale complements its location and as such will be required to
include adequate open space, landscaping and biodiversity elements
which will enhance the existing and surrounding environment.

• Open space / landscape schemes will be encouraged to reflect
locally distinctive landscape character and opportunities to enhance
these features will be promoted.

• Opportunities will be encouraged to enhance specific habitats,
particularly where wildlife / nature conservation organisations advise a
need exists for enhancement or creation of a particular habitat,
through landscape schemes of open space / green infrastructure
provision associated with new development.

• Support for existing countryside management groups including the
Suffolk Coasts and Heaths and Dedham Vale AONBs will continue,
supporting the proven record of proactive enhancement of the
environment in these areas.

• Other local or community initiatives which contribute to
environmental enhancement, even on a small scale, will be
encouraged, including for example, Wildlife Trust, community groups /
parish town councils litter picks / tree planting.

• Opportunities to enhance the rich and varied environmental resource
in Babergh which comprises; the estuaries, river valleys, AONBs,
biodiversity and Geodiversity areas, open spaces, c ountryside,

19
heritage assets, conservation areas and historic buildings will be
positively encouraged.

All new development will be expected to ensure its design, character
and scale complements its location and as such will be required to
include adequate open space, landscaping and biodiversity elements
which will enhance the existing and surrounding environment. Open
space / landscape schemes will be encouraged to ref lect locally
distinctive landscape character and opportunities to enhance these
features will be promoted.

20

Tendring District Council’s Adopted Local Plan (2007) Chapter 6:
Sustaining our Environment

Areas of Outstanding Natural Beauty

6.23a The 1949 National Parks and Access to the Countryside Act provides
for the designation of Areas of Outstanding Natural Beauty (AONBs). These
areas are precious landscapes whose distinctive character and natural
beauty are so outstanding that it is in the nation’s interest to legally
safeguard them based upon special policies for controlling development and
encouraging proper land management.

6.24 The Countryside and Rights of Way Act (CRoW) 2000 strengthened
the status of AONBs and placed new duties on local authorities regarding
their conservation and enhancement. In planning terms, the designation is
now equivalent to that of a National Park.

6.25 It is important to the Country’s natural heritage that these areas are
protected from any development that would be likely to cause harm. The
CRoW Act has created a new legal right of access on foot to areas of open,
uncultivated countryside. The Act includes measures to protect AONBs,
raise awareness of their importance at a national and local level, and places
a statutory duty on local authorities to produce a Management Strategy.

6.26 There are two AONBs of importance for Tendring district, and both
these AONBs impact upon the management of the landscape and control of
development. The first AONB is the Dedham Vale AONB that is located in
the north-western part of the district

6.26a When considering planning applications that will impact on the
Dedham Vale AONB, the Council will have particular regard to the
Government’s advice in PPS7, namely that the primary objective of
designation is conservation of the natural beauty of the landscape. The
objective of designation as an AONB does not include the promotion of
recreation, though the Government considers that these areas should be
used to meet the demand for recreation so far as that is consistent with the
conservation of natural beauty and the needs of agriculture, forestry and
other uses.

6.27 In relation to major development, developers must demonstrate that
the project is in the national interest before it is allowed to proceed, and
proposals must include an assessment of the need for a proposal,
alternative locational options and whether appropriate mitigation of
environmental impact can be achieved. For all development within AONBs,

21
due regard should also be had to the economic and social well-being of
local communities.

6.27a In accordance with section 85 of the CRoW Act the Council will have
regard to the purposes of conserving and enhancing the natural beauty of
the Dedham Vale AONB… In addition, in keeping with Section 89 of the
CRoW Act, 2000 the Council recognises that the Dedh am
Vale…..management strategy is formulated in relation to the management
of these areas…

Dedham Vale
6.28 The Dedham Vale AONB was designated in 1970. The conservation of
this area is important to the County’s natural heritage, and it should
therefore be protected from any development likely to harm its character.
Within the limited resources available, the Council works with other local
authorities, the Countryside Agency, statutory undertakers and landowners
to protect and enhance this attractive landscape with its considerable
historical and cultural associations.

Policy EN5 – Areas of Outstanding Natural Beauty (AONBs)

(i) Development which would harm or otherwise fail to conserve the
natural beauty of the landscape of an AONB, including views towards
it from outside, will not be permitted. Major development will only be
approved if there is an overriding national need, and in the absence of
any alternative sites outside the AONB.

(ii) The Council will have regard to the Dedham Vale Management
Strategy when determining applications affecting the Dedham Vale
AONB. Conflicting proposals will not be permitted.

Tendring District Local Plan Proposed Submission Draft (2012)
Chapter 5 – Planning for Places

Policy PLA5 – The Countryside Landscape
5.29 The countryside in our district is one of its key assets both in terms of
tourism and the living environment of our residents. The district is diverse in
its landscape character and appearance and certain areas are particularly
sensitive to development and change.
5.30 The most notable countryside landscapes include the Dedham Vale
Area of Outstanding Natural Beauty (AONB) in the north west of the district
and the coastal slopes around the district which afford spectacular views to
and from the coast and estuaries
.

22
5.31 The southern shore of the Stour Estuary is recognised in particular for
its natural beauty and whilst it is not currently designated as an AONB, the
Council supports the inclusion of this area in the Suffolk Coast and Heaths
AONB which currently covers only the northern shore of the Stour Estuary in
Suffolk. The Council will work with its partners in Suffolk to seek the formal
designation of the area as an AONB but in the meantime, it will be subjected
to the highest level of protection in order to protect its quality and character.
5.32 In selecting which sites to allocate for new development in the Local
Plan, the Council has taken particular care to assess the value of the
landscape and, where practical, allocate sites with the lowest sensitivity,
protecting and enhancing valued landscapes, geological conservation
interests and soils, including a preference in favour of previously developed
land (Brownfield Sites) where possible and protecting the district’s best and
most versatile agricultural land.
5.33 The National Planning Policy Framework requires Local Planning
Authorities to maintain the character of the undeveloped coast, protect its
distinctive landscapes and improve public access to and enjoyment of the
coast. ‘Coastal Protection Belt’ was identified by Essex County Council in
the 1980s in recognition that the undeveloped coast is a unique, finite and
irreplaceable resource in its own right which justifies its protection,
regardless of its other qualities. In accordance with this policy, development
will only be permitted within the Coastal Protection Belt in exceptional
circumstances.
5.34 In 2001 a Landscape Character Assessment was carried out which
identified 30 different landscape areas with different characteristics and
highlighted key sensitivities that need to be taken into account when
considering development proposals in the countryside in any part of the
district whether it is covered by a landscape designation or not.
5.35 This policy will primarily apply to development proposals in the
countryside but development proposals within a built up area which could
detract visually from key landscape or settlement characteristics of its
surroundings would also be considered against the criteria of this policy (in
other areas listed building and Conservation Area policies will provide such
protection). In applying the policy, the Council will refer to the Tendring
Landscape Character Assessment (2001).
Policy PLA5 – The Countryside Landscape
The Council will work with adjoining authorities to ensure the
continued protection of the Dedham Vale Area of Outstanding Natural
Beauty (AONB) and will refuse planning permission f or any
development that would harm or otherwise fail to conserve its natural

23
beauty, including views towards it from the outside. These areas are
defined on the Policies Maps.
The Council will also work in partnership with adjoining authorities on
the ‘Stour Project’ to secure the extension to the Suffolk Coast and
Heaths AONB to cover the southern part of the Stour Estuary between
Mistley and Ramsey. The extent of the proposed area is depicted on
the Policies Map and, until it is formally designated as an AONB, will
be subject to a high level of protection to protect its quality and
character.
The tourism potential of the countryside will be pr omoted and
opportunities to improve public access and provide appropriate tourist
facilities and visitors centres will be supported subject to detailed
consideration against the policies set out elsewhere in the Local Plan.
The Council will seek to protect the open character of the undeveloped
coastline by refusing planning permission for developments in the
‘Coastal Protection Belt’ that do not have a compelling functional or
critical operational requirement to be located there. The Coastal
Protection Belt is shown on the Policies Maps.
The quality of the district’s landscape and its distinctive local
character will be protected and, wherever possible, enhanced. Any
development which would significantly harm landscape character or
quality will not be permitted. The Council will seek in particular to
conserve the following natural and man-made feature s which
contribute to local distinctiveness:
a. estuaries and rivers, and the undeveloped coast;
b. skylines and prominent views, including those of ridge tops and
plateau edges;
c. the settings and character of settlements and of attractive and/or
vernacular buildings within the landscape;
d. historic landscapes and listed parks and gardens , ancient
woodlands, and other important woodland, hedgerows and trees; and
e. the traditional character of protected lanes, other rural lanes,
bridleways and footpaths.
Where a local landscape is capable of accommodating development,
any proposals shall include suitable measures for l andscape
conservation and enhancement.

24
Colchester Borough Council’s Local Plan- Core Strat egy (2008) and
Development Policies (2010)

Policy ENV1 – Environment

The Borough Council will conserve and enhance Colchester’s natural
and historic environment, countryside and coastline. The Borough’s
biodiversity, geology, history and archaeology will be safeguarded
through the protection and enhancement of sites of international,
national, regional and local importance. Developments that have an
adverse impact on Natura 2000 sites or the Dedham V ale Area of
Outstanding Natural Beauty will not be supported.

Unallocated greenfield land outside of settlement boundaries will be
protected and where possible enhanced, in accordanc e with the
Landscape Character Assessment. Within such areas d evelopment
will be strictly controlled to conserve the environmental assets and
open character of the Borough.

Where new development needs, or is compatible with, a rural location,
it should demonstrably:

(i) be in accord with national, regional and local policies for
development within rural areas, including those f or
European and nationally designated areas; and
(ii) be appropriate in terms of its scale, siting, and design; and
(iii) protect, conserve or enhance landscape and townscape
character, including maintaining settlement separation; and
(iv) protect, conserve or enhance the interests of natural and
historic assets; and
(v) apply a sequential approach to and at risk of f luvial a or
coastal flooding in line with guidance in PPS25; and
(vi) protect habitats and species and conserve and enhance the
biodiversity of the Borough; and
(vii) provide for any necessary mitigating or compe nsatory
measures.

Colchester’s countryside and coastline is extremely diverse and important in
terms of its natural environment, biodiversity, landscape character, archaeology
and cultural heritage. The countryside provides the attractive landscape setting
that defines and characterises the villages and rural communities of Colchester
Borough. The countryside and coastal areas also provide important agricultural,
tourism and recreational opportunities that support local economies and
communities.

25
The Dedham Vale Area of Outstanding Natural Beauty extends into the
northern part of the Borough and has the highest status of protection in
relation to landscape and scenic beauty.

Policy ENV1 aims to control development outside settlement boundaries to
protect open stretches of countryside around and between existing
settlements to prevent coalescence and retain settlement identity. The
Landscape Character Assessment will inform the detailed application of the
relevant policy criteria.

The historic environment will be protected across the Borough with
reference to the Townscape Character Assessment, th e Urban
Archaeological Database and the Historic Environment Characterisation
Study.

26

ENV2 – Rural Communities

The Borough Council will enhance the vitality of rural communities by
supporting appropriate development of infill sites and previously
developed land (PDL) within the settlement development boundaries
of villages. The design and construction of new village development
must be high quality in all respects, including design, sustainability
and compatibility with the distinctive character of the locality.

Outside village boundaries, small-scale rural business, leisure and
tourism schemes will be favourably considered that are appropriate to
local employment needs, minimise negative environme ntal impacts
and harmonise with the local character and surround ing natural
environment.

Both ENV1 and ENV2 set out flexible approaches that seek to support rural
communities and rural regeneration whilst maintaining a balance between
environmental considerations and appropriate growth.

The following adopted Development Policies in Colchester’s Local Plan are
relevant to the protection of the Dedham Vale AONB including:

DP1 (Design and Amenity)

All development must be designed to a high standard , avoid
unacceptable impacts on amenity, and demonstrate social, economic
and environmental sustainability. Development propo sals must
demonstrate that they, and any ancillary activities associated with
them, will:

(i) Respect and enhance the character of the site, its context and
surroundings in terms of its architectural approach, height, size, scale,
form, massing, density, proportions, materials, townscape and/or
landscape setting, and detailed design features. Wherever possible
development should remove existing unsightly features as part of the
overall development proposal;

(ii) Provide a design and layout that takes into account the potential
users of the site including giving priority to pedestrian, cycling and
public transport access, and the provision of satisfactory access
provision for disabled people and those with restricted mobility;

27
(iii) Protect existing public and residential amenity, particularly with
regard to privacy, overlooking, security, noise and disturbance,
pollution (including light and odour pollution), daylight and sunlight;

(iv) Create a safe and secure environment;

(v) Respect or enhance the landscape and other assets that contribute
positively to the site and the surrounding area; and

(vi) Incorporate any necessary infrastructure and services including
recycling and waste facilities and, where appropriate, Sustainable
Drainage Systems (SuDS), and undertake appropriate remediation of
contaminated land

For the purpose of this policy ancillary activities associated with
development will be considered to include vehicle movement.

3.1 New development can play an important role in achieving a high quality
environment. Applicants submitting new proposals will need to demonstrate
that new development will relate well to the existing surrounding context,
both natural and built, resulting in development of a coherent and interesting
character.

Requests for information to demonstrate these points will be reasonable and
proportionate to the nature and scale of the proposal, in line with the
Government’s efforts to streamline the planning system. For many
applications, a Design and Access Statement will be the main source of
justification on the design of a proposal. In simple terms this will explain how
the design has come about and what the scheme is trying to achieve. For
larger schemes, applicants may wish to refer to the Urban Place
Supplement developed by Essex County Council, which provides detailed
guidance on the scope of a context appraisal for urban areas and considers
the spatial, built form, functional, operational, and community context for
new proposals.

3.2 Development must positively contribute to the public realm, identifying,
preserving or enhancing the existing sense of place, townscapes or
streetscapes, key views, roofscapes, landmarks, green links and spaces,
and other focal points. Development schemes should protect existing
landscape features such as mature trees, hedgerows and ponds, wherever
possible. Additional planting may be required to maintain and enhance
these features.

3.3 Good design also relates to the layout of the development. Giving
priority to non-car based modes of transport including pedestrians and
cyclists will assist in creating an environment that is both attractive and safe

28
for its intended users, and also help to promote sustainable forms of
development.

DP22 (Dedham Vale Area of Outstanding Natural Beauty)

Development will only be supported in or near to the Dedham Vale
Area of Outstanding Natural Beauty (AONB) that:

(i) makes a positive contribution to the special landscape character
and qualities of the AONB;
(ii) does not adversely affect the character, quality views and
distinctiveness of the AONB or threaten public enjoyment of these
areas, including by increased vehicle movement; and,
(iii) supports the wider environmental, social and economic
objectives as set out in the Dedham Vale AONB & Sto ur Valley
Management Plan.

Where exceptionally development is essential, lands cape
enhancements, mitigation or compensation measures m ust be
provided to the Local Planning Authority’s satisfaction. Any existing
development that adversely affects the landscape qualities of the
AONB will be expected to satisfactorily mitigate this impact as part of
any new development proposals.

9.22 The Dedham Vale AONB has been designated for its national importance in
terms of landscape quality, and is further enhanced through its close association
with the works of artist John Constable. The quality of the landscape is defined by
its natural beauty and the integration of the man-made elements within it, and the
primary aim of the designation is to conserve and enhance this character.

9.23 It is essential that AONBs are conserved and enhanced. However it is
acknowledged that the Dedham Vale is a ‘living’ landscape which needs to be able
to adapt, change and respond positively to changing social, economic and
environmental issues (climate change, declining agricultural sector, recreational
pressures) to meet the needs of the local community and visitors to the area. In
exceptional cases development proposals that help maintain the economic and
social wellbeing of the AONB will be supported where these do not detract from the
special character/quality of the AONB. Minor house extensions may have little
opportunity to enhance the landscape qualities of the AONB and accordingly will
not be exclusively rejected on this basis where otherwise acceptable. Proposals
outside of the AONB will not be supported where, in the opinion of the Local
Planning Authority, they will have an impact on the public enjoyment of the AONB.

29

Appendix B – AONB appeal decision examples relating to “the setting”

62. The potential for development to impact on the setting of the Dorset AONB,
and hence being a material matter in the consideration of the acceptability of that
development, has been affirmed by the Planning Inspectorate In respect to an
appeal against the refusal of permission for the “creation of a new static caravan
community of 30 bases and a reduction of 30 bases elsewhere on the park”.
[APP/P1235/A/06/2012807, 2007] the Inspector wrote:

“I consider that the area immediately abutting an AONB will be relevant
where the appreciation of the natural beauty of the designated area may be
affected by what lies outside it. In my view, this is analogous to development
outside of a Green Belt, where Planning Policy Guidance Green Belts
(PPG2) advises, at paragraph 3.15, that the visual amenities of the Green
Belt should not be injured by proposals for development conspicuous from
the Green Belt which, although they would not prejudice the purposes of
including land in Green Belts, might be visually detrimental by reason of
their siting, materials or design. I therefore agree with the Council that the
effect on the AONB is a material consideration.”

63. Detailed consideration of the adverse impact of the “Construction and
operation of a four 100m turbine wind farm for electricity generation, including
ancillary buildings and activities. The proposed wind farm will have a maximum
rated output of 12MW.” on the special qualities of Exmoor National Park was
given by the Inspector in appeal ref APP/Y1138/A/08/2084526, 2008:

“I turn now to views south from Exmoor, and the setting on the National
Park. Although it was suggested that the evidence presented in opposition
to the proposal was tantamount to the creation of a buffer zone to the south
of Exmoor, I accept that this is not the case. The special qualities of Exmoor
include the description of “a landscape that provides inspiration and
enjoyment to visitors and residents alike”. In my judgment part of the
enjoyment stems from the appreciation of Exmoor in its rural setting, and
the land to the south is a significant element in that. The National Park
clearly has a setting framed by the land to the south, and proposals must be
considered individually or cumulatively in respect of the setting. The
definition of setting is difficult to pin down in many instances. For a particular
building it might involve hard boundaries such as walls, but for a landscape
it involves concepts such as topography, land use, character, vegetation
and more.”
“So the effect on the character and appearance of the area, and the setting
of Exmoor, can be summarised thus. The visual experience will vary from
location to location, and will be of a major and substantial intrusion in
places. There would be serious harm to landscape character. But from

30
some places there would be levels of visibility and intrusion which would
not, in my judgment, be so harmful as to weigh against the proposal. I
consider that the skyline views and movement of bla des would,
notwithstanding the separation from Exmoor, impinge upon the appreciation
of the special qualities of Exmoor to a material degree.”

64. An Inspector, in dismissing appeal ref: APP/H1840/A/06/2023564, addressed
the issue of the proposed development of a haulage depot and storage buildings
outside the AONB that impacted adversely on views out from the Cotswolds
AONB:
“From the elevated vantage point of the Cotswold Way [within the AONB]
the greater density of the development would be readily apparent, as
although the site forms part of a vast panorama, it would be towards the
front of that view.”
And towards the Cotswolds AONB:
“From lower viewpoints … the breach of the AONB skyline would not be
mitigated”

65. The Secretary of State, in dismissing appeal ref: APP/U2235/A/09/2096565
addressed the “setting” issue regarding a proposed freight transport depot
adjoining the Kent Downs AONB:

“The Countryside, the Special Landscape Area and the AONB
The Secretary of State agrees with the Inspector’s reasoning and conclusions, as
set out at IR18.29 – 18.52, regarding the impact of the proposed development on
the countryside, Special Landscape Area and the AONB. He agrees that the
majority of the appeal site is attractive open countryside and that, whilst the noise
of the M20 / HS1 is a negative feature of the area, the site nonetheless has a
strongly rural character and atmosphere (IR18.31). He further agrees that,
overall, the proposal would cause substantial harm to the open countryside
character and appearance of the site and would be in conflict with relevant
development plan policies (IR18.34). The Secretary of State agrees with the
Inspector’s conclusion that the appearance and scale of the development would
be alien and out of character with the countryside and the existing built-form of
neighbouring settlements, and that it would cause substantial harm to the setting
of the AONB (IR18.45). Given the importance and value of the open countryside
which currently forms the appeal site and of the AONB which adjoins it, and
given the harm the proposal would cause to them, the Secretary of State agrees
that substantial weight should be given to these matters in the determination of
the appeal (IR18.52).”

Gloucestershire Waste Core Strategy – Inspectors report

66. The test to be applied in the case of major development proposals within any
of the County’s three Areas of Outstanding Natural Beauty is, in essence, that in
paragraph 116 of the NPPF. While including in policy the effects on the setting of

31
an Area of Outstanding Natural Beauty is not specifically envisaged by the NPPF
nor is its inclusion in Local Plan policy expressly excluded. In any event, if the
policy was to be varied as suggested by some, the test would simply be applied
as part of the assessment of the effect on the general landscape.

Taking all these matters into account the Inspector recommended MM19 as
drafted by Gloucestershire County Council

Modification MM19

Core Policy WCS11 and associated text changes

Replace Paragraph 4.223 with the following:

4.223 Gloucestershire has a diverse landscape as a result of a number of factors
including its unique geology, culture, and socio-economic influences. In 2006 a
Landscape Character Assessment was produced on behalf of Gloucestershire
County Council which identified 38 landscape types within the county. It
accompanied two earlier district landscape assessments for the Forest of Dean
(2002) and the Cotswolds (2004).

4.224 Over 50% of the county is falls within the Cotswold AONB, Wye Valley
AONB and the Malvern Hills AONB and as a national designation AONBs have
been confirmed by the Government as having the highest status of protection in
relation to landscape and scenic beauty. The conservation of the natural beauty
of the landscape and countryside should therefore be given great weight in
planning policies and planning decisions in these areas. Planning policies should
also support suitably located and designed development that may be necessary
to facilitate the economic and social well-being of the AONB and its communities.

Replace paragraph 4.229 with the following:

4.229 The proposed locational strategy set out in Core Policy WCS4 ensures that
all of the strategic site allocations identified in the WCS are located outside of the
AONB. There is however of course the possibility of speculative unplanned
development proposals coming forward and as such we need to ensure an
appropriate policy framework is in place to determine these against the national
designation of AONB and the potential impact of development on all landscapes
of the county.

4.230 Our proposed approach is set out in Core Policy WCS11

Core Policy WCS11 – Landscape

General Landscape
Proposals for waste development will be permitted where they do not have a
significant adverse effect on the local landscape as identified in the significant

32
adverse impacts can not be fully mitigated, the social, environmental and
economic benefits of the proposal must outweigh any harm arising from the
impacts.

Areas of Outstanding Natural Beauty (AONB)
Proposals for waste development within or affecting the setting of the Cotswolds,
Wye Valley and Malvern Hills Areas of Outstanding Natural Beauty (AONB) will
only be permitted where it can be demonstrated that:
– There is a lack of alternative sites not affecting the AONB to serve the market
need; and
– The impact on the special qualities of the AONB as defined by the relevant
management plan (including the landscape setting an d recreational
opportunities) can be satisfactorily mitigated; and
– The proposal complies with other relevant development plan policies.

In the case of major development within the AONB, a proven public interest must
be demonstrated. Planning permission will only be granted in exceptional
circumstances following the most rigorous examination and subject to the criteria
above.
The County Council will continue to work in partnership with the respective
AONB Conservation Boards and/or Joint Advisory Committees to help deliver the
vision and objectives of the AONB Management Plans and Waste Core Strategy
(WCS).
1http://www.gloucestershire.gov.uk/index.cfm?articleid=13187Landscape
Character Assessment1 or unless the impact can be mitigated.

67. The Inspector, in dismissing appeal ref: APP/W0340/A/12/2175116
addressed the issue of the effect of a proposal for a single storey building to
house a children’s soft play area and café on the character and appearance
of the area which is located within the North Wessex Downs Area of
Outstanding Natural Beauty (AONB). The Inspector also considered whether the
proposal would be suited to this location having regard to local policy on
economic development in the rural area.

It was concluded that the proposal would change the nature of the existing
business from that of a modest rural enterprise within the AONB to one which
would bring about a significant increase in the amount of built development and
activity at the appeal site. As a result, it would be likely to harmfully change the
character of the AONB through increased development and activity.

The impact of such an increase in built form it was argued would not be
sufficiently ameliorated by the claimed environmental benefits of the landscaping
scheme and the proposal would therefore be detrimental to the character and
appearance of the AONB. Furthermore despite the proposal creating new rural
employment, the Inspector found that that the location was not sustainable and
would result in increased traffic. It was concluded that the claimed benefits

33
deliverable by the proposal did not outweigh the adverse impacts generated by
the proposal or the conflict with national and local policies.
   

34

Appendix C – Special qualities of the Dedham Vale AONB
• A predominantly farmed landscape with little evidence of urban sprawl, close to
the conurbations of Colchester and Ipswich. As a result, some parts of the area,
particularly around Flatford and Dedham, are tourist honey pots sites, attracting
in excess of 200,000 visitors per year.
• In many areas within the AONB, the farming follows a traditional pattern of
grazing on the valley floor and arable production on the valley sides.
• The river Stour, which winds through the landscape, is a peaceful waterway,
flanked by willows and water meadows. However, it is a canalised river, hence it
has an interesting industrial heritage.
• Small fields, woodland and hedgerows still feature in the area, making it a
quintessential lowland English Landscape.
• The relatively traditional landscape allows for a rich diversity of native flora and
fauna, including black poplars, barn owls and otters.
• The landscape was the main inspiration for the artist John Constable, who was
born in the area in 1776 and who is universally regarded as one of the England’s
foremost landscape painters.
• The small area known as Constable Country, which runs from Stoke by
Nayland in the west to Flatford in the east, inspired the majority of Constable’s
finest paintings, including The Haywain and The Leaping Horse, as well as
hundreds of sketches.
• In the area around Flatford, the National Trust manages the landscape to reflect
Constable’s paintings, a unique example of landscape management.
• Other well known artists have gained inspiration from the area, including Alfred
Munnings and John Nash.
• Many fine timber framed buildings in the AONB are evidence of the area’s
medieval prosperity as a wool producing landscape. Later brick fronted and brick
built buildings are indicative of the area’s continued agricultural prosperity and
early industrialisation.

35

Appendix D – References

Babergh District Council (2011) Babergh Development Framework
Core Strategy (2011- 2031) Section 3.3 Submission Draft Part 1 of Babergh’s
New Local Plan Hadleigh Babergh District Council

Colchester Borough Council 2008 Local Development Framework Adopted Core
Strategy pp 65-67 Colchester Colchester Borough Council

Colchester Borough Council 2008 Local Development Framework Adopted
Development Policies pp12-13 & 52 Colchester Colchester Borough Council

CLG (2012) National Planning Policy Framework London

DCLG, DCMS and EH (2010) PPS5 Planning for the Historic Environment:
Historic Environment Planning Practice Guide London English Heritage

English Heritage (2011) The Setting of Heritage Assets English Heritage London

English Heritage (2012) Seeing the History in the View: A Method for Assessing
Heritage Significance Within Views English Heritage London

NAAONB (2013) NAAONB Planning Group Guidance on Strengthening AONB
Designation in the Planning Process (version 3) Gloucestershire NAAONB

ODPM (2004) Planning for Renewable Energy A Companion Guide to PPS22
Norwich HMSO

Tendring District Council (2007) Adopted Local Plan Tendring Tendring District
Council

Tendring District Council (2012) Tendring District Local Plan Proposed
Submission Draft Tendring Tendring District Council