The Cornwall Development Local Plan

Policy 2 – Spatial Strategy

requires that development should meet the objective of the “Plan for Cornwall” in respecting and enhancing the quality of place by:

• Understanding the cultural, physical and aesthetic attributes of its location.
• Considering the impact of development on the beauty and diversity of landscape, seascape and character and setting of settlements.
• Identifying the value and sensitivity of the character and importance of landscapes; and
• Protecting, conserving and enhancing the natural and historic landscape, heritage, cultural, biodiversity and geodiversity assets of Cornwall in recognition of their international, national and local status and in accordance with national legislation and policy.

Policy 3 – Role and function of places

requires that within the AONB or its setting, development will be supported where it is in accordance with the other policies of this plan and can demonstrate that it conserves and enhances the landscape character and natural beauty of the AONB.

Policy 7 – Housing in the countryside

sets out a range of requirements with regard to the development of new homes in the countryside which includes the requirement:

• that replacement dwellings are broadly comparable to the size, scale and bulk of the dwelling being replaced and of an appropriate scale and character to their location; and
• that for the reuse of suitably constructed redundant, disused or historic buildings that are considered appropriate to retain they would lead to an enhancement to the immediate setting.

Policy 12 – Design

requires that development should consider the existing context and create places with their own identity and promote local distinctiveness, being of a scale, density, layout, height and mass with a clear understanding and response to its landscape, seascape and townscape setting.

This approach is further explored and articulated in the Cornwall Design Guide which recognises the “exceptional landscape and unique industrial, rural and coastal heritage and natural environment” reflected in the Cornwall AONB designation. It further recognises that:

Policy 23 – Natural Environment

1. “Development proposals will need to sustain local distinctiveness and character and protect and where possible enhance Cornwall’s’ natural environment and assets according to their international, national and local significance”.

Likewise, at 2(a) it amplifies and expands on paragraph 176 of the NPPF and requires that “Great weight will be given to conserving the landscape and scenic beauty within or affecting the AONB. Proposals must conserve and enhance the landscape character and natural beauty of the AONB and provide only for an identified local need and be appropriately located to address the AONB’s sensitivity and capacity. Proposals should be informed by and assist the delivery of the objectives of the Cornwall and Tamar Valley AONB Management Plans including the interests of those who live and/or work in them. Major development in the AONB will be refused subject to the tests of exceptional circumstances and where it can be demonstrated that the development is in the public interest as set out in national policy”.

Paragraph 2.147 of the Cornwall Local Plan, which is the supporting text to policy 23, explains that

“considerable guidance and evidence is available such as in particular the: Landscape Character Assessment, Area of Outstanding Natural Beauty Management Plan; World Heritage Site Management Plan; Conservation Area Appraisals; Cornwall and Isles of Scilly Urban Survey and the Historic Environment Record. All of these provide important information and should be used alongside this document in making planning decisions.”

Paragraph 2.149 outlines that “Proposals for development should be informed by and respond to the natural environment in line with their status:

Areas of Outstanding Natural Beauty (AONB): When considering proposals for development within the AONB, the Council will ensure that development is in accordance with the great weight afforded to their landscape and scenic beauty in national policy and the aims and objectives of the Cornwall and Tamar AONB Management Plans and their associated supplementary planning guidance on sensitivity and capacity for housing development in the AONB. These in particular, provide guidance on what constitutes ‘major’ development within an AONB stating that this will depend on the local context, the scale, location and type of development proposed.

Proposals within the AONB, or those that would affect its setting will be supported where they are small scale and meet an identified local need, where landscape capacity can be demonstrated and the natural beauty of the AONB can be conserved and enhanced in accordance with Policy 23. Proposals for major development in the AONB will be refused subject to the tests of exceptional circumstances and demonstrating the development is in the public interest as set out in national policy.”

Much of the planning policy within this Management Plan provides detailed interpretation and clarification of Cornwall Local Plan Policy 23.

There are other policies within the Cornwall Local Plan which consider the Cornwall AONB and are related, in particular, to renewable energy developments and minerals, these being Cornwall Local Plan Policies 15 and 18. Due to their very specific intent and scope these are referred to specifically in the different Policy sections of this Management Plan.

In addition to the Cornwall Local Plan, some of the made Neighbourhood Development Plans cover the areas of the AONB. They form part of the Development Plan for the purposes of Development Management decisions.

The Cornwall Council Climate Emergency Development Plan Document (DPD) will comprise part of the Development Plan once adopted.

The Cornwall AONB Management Plan is a material planning consideration for planning purposes and, as such, should be taken into account in development management decisions and the preparation, of any Neighbourhood Plans affecting the AONB.

The AONB Management Plan highlights the value and special qualities of the Cornwall AONB and sets the context for development within or affecting the AONB and/or its setting.

The Statutory Duty under the CROW Act, national planning policy and guidance, the development plan and relevant material considerations make it clear that development in the designated landscape is subject to very particular policy constraint in order to deliver the statutory purpose. They also indicate the need to take account of the designation and the reasons for it.

They provide the statutory purpose for the designation to conserve and enhance natural beauty whilst also facilitating a dynamic and functional landscape which provides both homes and work for residents and provides for social cohesion and vitality.

However, even with these policies and guidance in place, the natural beauty which led to AONBs being designated in the first place is still being undermined and lost, not least through the cumulative effect of individual developments. In order to address the issues and policy context outlined above, this Management Plan advocates an over-arching principle for development within the Cornwall AONB and its setting.