New Duty to Seek to Further

The Countryside and Rights of Way Act 2000 and new statutory duty to seek further

The primary legislation relating to National Landscapes is set out in the Countryside and Rights of Way Act 2000 (CRoW Act). This legislation uses the original term for National Landscapes, ‘area of outstanding natural beauty’ (AONB). The Act includes provisions on the designation of AONBs, sets out requirements for the publication of AONB Management Plans, and provides that the single purpose of areas of outstanding natural beauty is the conservation and enhancement of the natural beauty of the area.

The Levelling-up and Regeneration Act (2023) amended section 85 of the CRoW Act to create a new duty on relevant authorities that requires them to “must seek to further the purpose of conserving and enhancing the natural beauty of the area” when discharging their functions in National Landscapes. The new duty replaces the previous requirement for relevant authorities to ‘have regard’ to the purpose of AONBs and is intended as a more proactive and strengthened requirement.

The duty is a statutory one and applies to all relevant authorities when discharging any function that affects a National Landscape. Relevant authorities include all levels of government and government agencies, public bodies, and statutory undertakers. It applies to all actions of relevant authorities, not just those relating to planning. In undertaking actions that impact or could potentially impact National Landscapes and their settings, the relevant authority must be able to demonstrate how they have actively sought to further the purpose of conserving and enhancing the natural beauty of the National Landscape.

Guidance on the new duty was published by DEFRA in 2024 and can be found here .

The National Landscapes Association has also published guidance specifically for Local Planning Authorities on meeting the strengthened duty in any policy-making, decision-making, or actions that affect National Landscapes.