MM163 - Page 111 Policy NE3 (ED156)

Showing comments and forms 1 to 1 of 1

Object

Proposed Main Modifications

Representation ID: 7253

Received: 02/04/2019

Respondent: The Chilterns Conservation Board

Legally compliant? No

Sound? No

Duty to co-operate? No

Representation Summary:

We object to the proposed weakening of this policy, which is no longer NPPF compliant or CRoW Act sec 85 compliant.

Full text:

Chilterns Conservation Board strongly objects to the weakening of this policy on the Chilterns AONB.

We supported the submission version of this policy in October 2016, noting that "Policy NE3 is based on (with minor variation) joint work by the Chilterns Conservation Board and planners from across the thirteen planning authorities of the Chilterns AONB through the AONB Planning Forum. The AONB Planning Forum developed the model AONB planning policy in 2016 for inclusion across all the local plans of the Chilterns AONB in order to achieve cross-boundary consistency. It is an example of cooperation on the natural environment on a larger than local issue."

There is no justification for the changes which weaken the policy. In particular the addition of the words "where possible" in criterion (b) to read "conserves and where possible enhances the Chilterns AONB's...".

"Where possible" is not consistent with NPPF para 172, nor with the Countryside and Rights of Way Act 2000 section 85 which sets a duty to have regard to the purpose of conserving and enhancing the natural beauty of AONBs. Both say "conserve and enhance", not "conserve and where possible enhance". This is not a matter of which version of the NPPF you use, this is nothing new, the CRoW Act established "conserving and enhancing" as the statutory duty in the year 2000.

We also object to the changes at to the policy at criteria (d) which weakens the status of the Chilterns AONB Management Plan from a plan that proposals should meet the aims of, to something they should have regard to.

Similarly, we object to the changes at to the policy at criteria (e) which weakens the status of the Chilterns Buildings Design Guide from guidance that proposals should meet the aims of, to something they should have regard to.