About planning law
The planning system protects the Chilterns National Landscape in order to conserve and enhance its natural beauty.
Special planning controls apply within the Chilterns National Landscape – a designated Area of Outstanding Natural Beauty (AONB). Planning priorities include the conservation and enhancement of landscape and scenic beauty, wildlife and cultural heritage. While there is a need for development, there is also a need to protect the most special places, the finest and most beautiful parts of the countryside. This is particularly true for the Chilterns, an irreplaceable green lung for London and the south east.
Chilterns National Landscape is the public body established to conserve and enhance the Chilterns. We do not have any direct powers over planning and development – we do not write plans and we do not make decisions on planning applications. What we can do is try to influence the people who do write rules and plans or make decisions. The influence we have varies between different regimes, and we rely on working constructively with development promoters, landowners, businesses, policymakers and the authorities that ultimately make decisions. We aim to ensure that the Chilterns National Landscape’s special qualities are recognised in relevant strategies and plans, and will be conserved or enhanced through decisions on development and other activities.
- Find out more about how we influence planning and development
About National Landscapes and the law
AONBs are designated by the Secretary of State, upon recommendation by Natural England (the government agency with responsibility for the natural environment in England). From November 2023, all AONBs were given the new name of ‘National Landscapes’. The new name reflects their national importance: the vital contribution they make to protect the nation from the threats of climate change, nature depletion and the wellbeing crisis, while also creating greater understanding and awareness for the work that they do.
- Find out more about National Landscapes
National Landscapes are protected by the Countryside and Rights of Way Act 2000 (CRoW Act), in which, section 85 establishes a ‘duty of regard’ on relevant authorities to consider conserving and enhancing the natural beauty of a National Landscape when exercising or performing any function in relation to it, or that may affect it. This duty of regard covers matters within the National Landscape boundary, but also outside, where the impact of an activity would be felt across the National Landscape or may affect its setting.
In 2023, revisions to the CRoW Act bolstered this duty of regard (in new section A1): ‘In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty in England, a relevant authority … must seek to further the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty.’
‘Relevant Authorities’ include Government Ministers (the Secretary of State in Planning), any public body, statutory undertakers and any persons holding public office. Public bodies include Local Authorities (Local Planning Authorities), as well as Town Councils and Parish Councils. Statutory Undertakers include rail and utilities companies.
This duty applies, not just to planning functions, but all functions and is applicable whether a function is statutory (i.e. set out in legislation) or permissive (power to grant permission, i.e. involves matters of policy and its interpretation when making decisions). For example, it would cover overflying aircraft when the Civil Aviation Authority agrees flightpaths.
In planning matters, the duty of regard covers both plan-making (local plans, Neighbourhood Plans, and supplementary documents) and planning enforcement, including appeals and the contents of planning conditions.
Our Chilterns Neighbourhood Planning Toolkit was created as part of the Chalk, Cherries and Chairs Landscape Partnership Scheme, made possible with funding from the National Lottery Heritage Fund.
Published by the Chilterns Conservation Board (CCB), a Conservation Board established under the Countryside and Rights of Way Act 2000.
DISCLAIMER: While every effort is made to ensure all the legal and policy references are correct, CCB always recommends that these are checked as revisions and updates will occur.