Comment
Recent High Court Decision confirms ‘valued landscapes’ not quite so valued
A recent High Court Decision has given further clarity to the issue of ‘valued landscapes’ and the protection thereof.
Since the ‘Stroud’ Court of Appeal decision in 2014 (Gladman Developments Ltd v Stroud District Council) there has been a general understanding that landscapes which have demonstrable attributes that raise them above the ordinary may constitute ‘valued landscapes’. Paragraph 109 of the NPPF requires that these ‘valued landscapes’ should be ‘preserved and enhanced’ by the planning system. However, the question remained as to how much weight should be given to ‘valued landscapes’ in the planning balance.
Paragraph 14 of the NPPF sets out a presumption in favour of sustainable development unless specific policies in the NPPF indicate development should be restricted with examples of such policies being provided in footnote 9. ‘Valued landscapes’ are not specifically identified in this footnote, but this is not determinative as footnote 9 only provides examples, rather than a closed list.
In Gladman Developments Limited v Secretary of State for Housing Communities and Local Government and Aylesbury Vale District Council (9 June 2018) the court has ruled that paragraph 109 is not a restrictive policy. This means that the presumption in favour of sustainable development, and the application of the tilted balance in relation to housing development (as per paragraph 49), can apply to sites which comprise ‘valued landscapes’.
This decision will perhaps only be briefly of interest as the draft revised NPPF sets out a closed list of restrictive policies (in footnote 7 to paragraph 11) and does not include ‘valued landscapes’ within this list, thus providing a definitive position. The draft revised NPPF does however continue the policy (currently in the draft as paragraph 168) with virtually the same wording as the current paragraph 109; the only difference being the addition of “(in a manner commensurate with their statutory status or identified quality)”. So, consideration will still be given to undesignated ‘valued landscapes’, as part of the assessment of planning merits on a simple planning balance; however, the new wording will better define the weight to be afforded to a ‘valued landscape’.
Moving forward, landscape and visual assessment will continue to be the key process which informs a judgement on how valued a landscape is, and therefore the degree of protection that should be afforded to it. As part of this, local authority landscape character assessments will be the principal source of information which sets out the ‘identified quality’ of landscapes.
At Turley we recommend that an initial landscape appraisal is undertaken at an early stage in the site appraisal / feasibility process to understand the character of the site and the contribution it makes to the surrounding landscape character. We can provide advice on the landscape sensitivity of a site and whether it forms part of a ‘valued landscape’. Please contact Joanna Ede for further information.
25 June 2018