Section 41

For the purposes of the relevant provisions, policies relating to the development and use of land or minerals and waste development or in respect of the conservation of the natural beauty and amenity of the land are to be taken to include policies encouraging the management of features of the landscape of the kinds described in paragraph (3). In paragraph (1), the “relevant provisions” means— in relation to the development and use of land— sections 15C(3) and (4) and 15CC(3) of the Planning and Compulsory Purchase Act 2004 (local plans and supplementary plans made by local planning authorities) ; and section 62(2)(b) of that Act (local development plan); ... in relation to minerals and waste development, sections 15CB(2) and (3) and 15CC(5) of that Act; and in relation to the conservation of the natural beauty and amenity of the land— section 12(3A) of the TCPA 1990 (preparation of unitary development plan) ; section 31(3) of that Act (structure plans: continuity, form and content) ; and section 36(3) of that Act (local plans) . The features of the landscape referred to in paragraph (1) are those which, by virtue of their linear and continuous structure (such as rivers with their banks or the traditional systems of marking field boundaries) or their function as “stepping stones” (such as ponds or small woods), are essential for the migration, dispersal and genetic exchange of wild species. Where the Secretary of State considers it necessary, the Secretary of State must include in a national policy statement under Part 2 of the Planning Act 2008 (national policy statements) policy that encourages the management of features of the landscape of the kinds described in paragraph (3).

← 4 · All articles · 1 →

Source: legislation.gov.uk · retrieved 2026-07-30