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Appendix N – Legislation And Designations

APPLYING TO ALBURY PARISH

updated 11 January 2021

All public bodies have a duty to follow all relevant legislation and designations, for all parts of Albury Parish, when making any decisions. A summary of these is set out below. This is not definitive.

NATIONAL PLANNING LEGISLATION

The National Planning Policy Framework (NPPF)

The NPPF, updated as at February 2019, should be followed in all planning proposals and decisions. The main sections affecting the environment are:

  • Section 8, Promoting healthy and safe communities, paragraphs 91-101

  • Section 13, Protecting Green Belt Land, paragraphs 133-137

  • Section 14, Meeting the challenge of climate change, flooding and coastal change,paragraphs 148-169

  • Section 15, Conserving and enhancing the natural environment, paragraphs 170-183

DESIGNATIONS

Area of Outstanding Natural Beauty (AONB)

The whole of Albury Parish is within the Surrey Hills AONB which was designated in 1958. AONB is a designation for an area of land that is of national importance for its natural beauty. AONBs have the same level of landscape quality and share the same level of protection as National Parks.

The primary purpose of AONB designation is ‘to conserve and enhance the natural beauty of the area’. All public bodies have a legal duty to ‘have regard’ to this purpose. The AONB designation is also of international importance. It is recognised as a Category V Protected Landscape - landscape managed mainly for conservation and recreation - by the International Union for the Conservation of Nature (IUCN).

The following documents should be followed in respect of the AONB designation:

  • Landscapes Review, led by Julian Glover on behalf of DEFRA, September 2019, making recommendations about our National Parks and AONBs

  • Surrey Hills AONB Management Plan for the period 2020-2025

  • NPPF, Section 15, paragraphs 170 to 183.

Green Belt

The whole of Albury Parish is within the Green Belt. The construction of new buildings is inappropriate in the Green Belt unless it falls within a list of exceptions, which include limited infilling in villages.

NPPF, Section 13, paragraphs 133-147, should be followed.

Area of Great Landscape Value (AGLV)

The whole of Albury Parish is within an Area of Great Landscape Value (AGLV). An AGLV has a high scenic value, worthy of conservation.

This is a Local Landscape Designation, established under the Town and Country Planning Act 1947, to protect a locally important landscape. Local policies must be followed.

Common Land

Common land may be owned publicly or privately. People usually have the right to walk on it.

Appendix 2 has a list of Common Land in Albury Parish.

The Commons Act 2006 must be followed. The Planning Inspectorate is the relevant authority.

Site of Special Scientific Interest (SSSI)

Sites of Special Scientific Interest (SSSIs) are sites identified as an area of special interest by reason of any of its flora, fauna, geological or physiographical features (basically, plants, animals, and natural features). They were first notified under the National Parks and Access to the Countryside Act 1949. SSSIs must be protected and managed in line with their status. It is an offence to intentionally or recklessly damage the features of special interest of an SSSI, or to disturb the wildlife for which the site is of special interest.

Appendix 2 has a list of SSSIs in Albury Parish.

Legislative requirements must be followed including the Wildlife and Countryside Act 1981 as amended, primarily by the Countryside and Rights of Way Act 2000 and the Natural Environment and Rural Communities Act 2006 (NERC), and NPPF Section 15, particularly paragraph 175 (b). Natural England is the relevant authority.

Site of Nature Conservation Importance (SNCI)

In Surrey, Local Wildlife Sites are known as Sites of Nature Conservation Importance (SNCIs). An SNCI is an area (non-statutory) designated by the Surrey Nature Conservation Liaison Group as being of county or regional value for their nature, habitats and wildlife. SNCIs tend to be selected because of particular wildlife habitats or if they support scarce or rare species outside their natural habitats. They can be natural sites or man-made.

Appendix 2 has a list of SNCIs in Albury Parish.

Despite SNCIs not having statutory protection, the need to protect them must be taken into consideration by public bodies in determining planning and development policies. All development plans must include these policies.

Regionally Important Geological/Geomorphological Site (RIGS)

In Surrey, Local Geological Sites are known as Regionally Important Geological/Geomorphological Sites (RIGS). A RIGS is an area (non-statutory) designated by the Surrey Nature Conservation Liaison Group as being of county or regional geological value.

Appendix 2 has a list of RIGS in Albury Parish.

Despite RIGS not having statutory protection, the need to protect them must be taken into consideration by public bodies in determining planning and development policies. All development plans must include these policies.

Ancient Woodland and Ancient or Veteran Trees

When determining planning applications, development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and ancient or veteran trees, should be refused, unless there are wholly exceptional reasons.

The NPPF defines ancient woodland as an area that has been wooded continuously since at least 1600 AD. It includes:

  • Ancient Semi-Natural Woodland (ASNW) - mainly made up of trees and shrubs native to the site, usually arising from natural regeneration

  • Plantations on Ancient Woodland Sites (PAWS) - areas of ancient woodland where the ormer native tree cover has been felled and replaced by planted trees, usually with species not native to the site Ancient wood pasture and historic parkland.

Appendix 2 has a list of the main sites of Ancient Woodland and Ancient and Veteran Trees in Albury Parish.

The relevant legislation must be followed including NPPF, Section 15, particularly paragraph 175 (c). The protections set out under all the different designations which apply to any site must be followed.

Biodiversity Opportunity Area (BOA) and Irreplaceable Habitats

The Surrey Nature Partnership has designated a Biodiversity Opportunity Area (ND02: North Downs Scarp and Dip; Guildford to the Mole Gap) which includes a large area in the north of Albury Parish.

Appendix 2 has a list of the main sites within it.

BOAs are areas where targeted maintenance, restoration and creation of ‘Habitats of Principal Importance’ (Priority Habitats) under the Natural Environment & Rural Communities Act (NERC) will have the greatest benefit for biodiversity and will contribute to national and international aims. Public authorities have a duty to conserve biodiversity under NERC.

NPPF, Section 15, particularly paragraphs 170 and 174, NERC, and the Surrey Biodiversity Opportunity Area Policy Statement for this BOA, should be followed.

The Surrey Nature Partnership has issued guidance to identify ‘Irreplaceable Habitats’ which are protected as set out in NPPF, section 15, paragraph 175(c).

The Surrey Nature Partnership ‘Irreplaceable Habitats’ Guidance for Surrey should be followed.