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Purpose and scope

The district-wide Cherwell Local Plan Review 2042 will establish the strategic level of growth across the Cherwell District Council (CDC) area up to 2042, together with detailed planning policies and site allocations. It will also replace the remaining saved policies of the 1996 Cherwell Local Plan.

To inform preparation of the Local Plan Review 2042, CDC require updated evidence on landscape. One element of this is consideration as to whether there are areas of high landscape value that could merit policy protection through use of Local Landscape Designation (LLD); a non-statutory designation which aims to protect areas with locally appreciated scenic value.

CDC commissioned LUC to analyse land within the district and assess whether it demonstrates valued landscape characteristics and whether it can be considered to be of ‘above ordinary’ value. The geographical scope of the study covered areas that were previously designated as Areas of High Landscape Value (AHLV) under the 1996 Local Plan.

The six areas that were designated in the 1996 Local Plan were not retained in the 2015 Local Plan Part 1, reflecting the absence of support in the National Planning Policy Framework (NPPF) at that time for local landscape designations. Instead, a more general, character-based approach to landscape value was adopted. However, the subsequent alteration of the NPPF (in 2018) to make reference to “identified quality” in the context of the protection of “valued landscapes” has prompted reconsideration of this approach. The following paragraphs set out the relevant planning policies.

 

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Policy context

International policy

The European Landscape Convention (ELC) came into force in the UK in March 2007. It established the need to recognise landscape in law; to develop landscape policies dedicated to the protection, management and planning of landscapes; and to establish procedures for the participation of the general public and other stakeholders in the creation and implementation of landscape policies.

The ELC defines ‘landscape’ as ‘an area, as perceived by people, whose character is the result of the action and interaction of natural and/or human factors’. This recognises that all landscapes matter, be they ordinary, degraded or outstanding.

National policy

The NPPF, last updated in December 2023, recognises the intrinsic character and beauty of the countryside, and the wider benefits from natural capital and ecosystem services that it provides.

Paragraph 8 sets out three overarching objectives to the planning system, one of which is “an environmental objective – to protect and enhance our natural, built and historic environment; including making effective use of land …”.

At paragraph 135(c) the NPPF states that “Planning policies and decisions should ensure that developments: … are sympathetic to local character and history, including the surrounding built environment and landscape setting …”.

In paragraph 180 it states that: “Planning policies and decisions should contribute to and enhance the natural and local environment by:

• protecting and enhancing valued landscapes… (in a manner commensurate with their statutory status or identified quality in the development plan)”
• recognising the intrinsic and beauty of the countryside…”.

Paragraph 181 goes on to say that plans should “distinguish between the hierarchy of international, national and locally designated sites”, with Paragraph 182 adding that “great weight should be given to conserving and enhancing landscape and scenic beauty in … Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to these issues… development within their [AONBs] setting should be sensitively located and designed to avoid or minimise adverse impacts on the designated areas”.

It should be noted that on 22^nd November 2023 all designated Areas of Outstanding Natural Beauty (AONBs) in England and Wales were renamed as National Landscapes.

The NPPF does not offer a definition of what constitutes a ‘valued landscape’ and does not expressly mention local landscape designations, although such a designation could represent the “identified quality in the development plan” referenced in paragraph 180. Local landscape designations have been inconsistently applied across England due to past changes of emphasis in national planning guidance, and this is exemplified in the Cherwell context where they are defined by some neighbouring authorities but not by others.

Local policy

The adopted Cherwell Local Plan Part 1 (2015) includes Policy ESD 13 ‘Local Landscape Protection and Enhancement’. This policy states that development “proposals will not be permitted if they would:

• Cause undue visual intrusion into the open countryside;
• Cause undue harm to important natural landscape features and topography;
• Be inconsistent with local character;
• Impact on areas judged to have a high level of tranquillity;
• Harm the setting of settlements, buildings, structures or other landmark features; or
• Harm the historic value of the landscape”.

The supporting text for policy ESD13 notes that within the 1996 Cherwell Local Plan Areas of High Landscape Value were identified which comprise “land of particular environmental quality – where the Council would seek to conserve and enhance the environment”. It then goes on to say that “this Local Plan adopts a character-based approach to seek to conserve and enhance the countryside and landscape character of the whole District, and so Areas of High Landscape Value are not proposed to be retained”.

Paragraph B.252 of the Local Plan states that “one of the most important elements of the landscape which can add to the character and identity of an area are natural landscape features”. It goes on to identify the following features, which it states “all make those areas distinct and create a sense of place”:

• “Muswell Hill;
• Crouch Hill;
• Madmarston Hill;
• the River Cherwell; and
• Otmoor”.

It also identifies a number of “key landform and landscape features of value”, including:

• “the open and agricultural setting and identity of the outlying villages surrounding Banbury and Bicester, many with locally distinctive historic cores;
• ironstone ridges and valleys;
• the historic villages and parkland of Hanwell and Wroxton;
• Broughton Castle and Grade II Registered Park;
• Crouch Hill: an important landmark overlooking Banbury and the surrounding area;
• the landscape to the east of the motorway at Banbury which retains a distinct historic pattern;
• Salt Way and its setting;
• the Sor Brook Valley;
• the setting of the Oxford Canal and River Cherwell corridor;
• specific features at Bicester noted for their value include those showing notable ‘timedepth’ including Former RAF Bicester, Wretchwick deserted medieval village, Bignell Park and the Roman roads;
• Graven Hill and Blackthorn Hill which contrast with the relatively flat surrounding landform; and
• the River Ray floodplains”.

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Report structure

This report is structured as follows:

• Chapter 2 sets out a methodology for assessing any former AHLVs that could merit policy protection through use of LLDs.
• Chapter 3 presents a summary of the findings of the assessment and considers next steps in determining policies for the Local Plan Review 2042.
• The Area Profiles include the detailed analysis for each assessment area.