Briefings

Guidance for Local Planning Authorities on CRoW s.85 duty

Guidance for Local Planning Authorities on CRoW s.85 duty

This Briefing has been produced to provide guidance to planning teams in Local Planning Authorities, on meeting the strengthened duty in the Countryside and Rights of Way (CRoW) Act 2000 (section 85) in any policy-making, decision-making or actions that affect National Landscapes/Areas of Outstanding Natural Beauty (AONBs) in England.

The Briefing aims to offer practical, easy-to-follow guidance tailored specifically to plan-making and decision-making in Local Planning Authority (LPA) functions, and includes:

- Legislative context and broad approach – an overview.
- Use of the relevant AONB Management Plan.
- Local Planning Authority decision-making process.
- CRoW Act 2000 s.85 duty in planning policy plan-making (including Local Plans, Strategic Housing Land Availability Assessment/Housing and Economic Land Availability Assessment and site allocations, Supplementary Planning Documents and Neighbourhood Plan consideration).
- S.85 duty in development management decision-making (including planning applications, tree preservation order decisions, and enforcement).
- Information sources that have been used in the preparation of this Briefing.