Gondor Landscape Development Framework Report

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Establishing Gondor’s Development Framework Roles of European Landscape Convention & UK Planning Guidance

Gondor District Council LSC 313: Landscape Planning Project Registration Number: 090164154


Landscape Planning Project LSC 313 Contents

Contents Preface 1. Introduction……………………………………………………………………………………………………………………………….……….3 1.1 Background to the European Landscape Convention…………………………………………………………………………..3 Box 1.1: ELC Key Definitions…………………………………………………………………………………………………………………4 1.2 Gondor Region…………………………………………………………………………………………………………………………………….4 The European Landscape Convention 2. Aims………………………………………………………………………………………………………………………………………………….…5 2.1 Aims of the ELC……………………………………………………………………………………………………………………….…………..5 Box 1.2: Definitions of the ELC Primary Objectives……….……………………………………………………………………………………5 2.2 Important articles to Consider for LDF………………………………………………………………………………………………...6 2.2.1 Article 2: Scope……………………………………………………………………………………………………………………………….…..6 2.2.2 Article 5: General Measures…………………………………………………………………………………………………………….….6 2.2.3 Article 6: Specific Measures…………………………………………………………………………………………………………….…..6 2.2.4 Article 12: Relationships with other Instruments………………………………………………………………………………...6 Impact on the UK Planning System 3. Existing National Planning Policy Statements……………………………………………………………………………….……..7 3.1 PPS7 Sustainable Development in Rural Areas……………………………………………………………………………..……..7 Box 3.1: Objectives of PPS7……………………………………………………………………………………………………..…….……7 3.2 How ELC relates to PPS7………………………………………………………………………………………………………………..…….7 3.2.1 Local Landscape Designations………………………………………………………………………………………………………..……8 3.2.2 Countryside Protection and Development in the Countryside………………………………………………………….….8 3.2.3 Design and Character of Rural Settlements……………………………………………………………………………………..…..8 3.2.4 Landscape in Relation to Tourism and Leisure…………………………………………………………………………..…..……8 3.3 Conclusion of PPS7 against ELC………………………………………………………………………………………………………..….8 3.4 PPS12: Local Spatial Planning…………………………………………………………………………………………………………......9 Box 3.2 Objectives of PPS12……………………………………………………………………………………………………………….9 3.5 How the ELC Related to PPS12………………………………………………………………………………………… ……………......9 3.6 Conclusion of PPS12 against ELC……………………………………………………………………………………………………..…. 9 3.7 Public Service Agreement (PSA)………………………………………………………………………………………………………..10 Box 3.3 PSA 28 – Healthy Natural Environment for Today and the Future………………………………..………10 3.8 Conclusions of PSA against ELC………………………………………………………………………………………………………….10 Institutional Framework 4. Government Agencies…………………………………………………………………………………………………………………..…..11 4.1 Natural England…………………………………………………………………………………………………………………………….…..11 4.1.1 Natural England Implementing ELC…………………………………………………………………………………………………...11 4.1.2 Natural England Links to ELC……………………………………………………………………………………………………………..11 4.2 English Heritage…………………………………………………………………………………………………………………………….….12 4.2.1 English Heritage – Historic Landscape Character (HLC)……………………………………………………………………..12 4.2.2 English Heritage HLC and ELC………………………………………………………………………………………………………….…12 Case Studies 5. Boroughs Planning Policies………………………………………………………………………………………………………….…….13 5.1 Berkshire Landscape Character Assessment………………………………………………………………………………………13 5.2 Lancashire Landscape Strategy……………………………………………………………………………………………………… …13 5.3 Durham Council Methodology…………………………………………………………………………………………………………..13 Conclusion 6.1 How Gondor can implement ELC………………………………………………………………………………………….……………15 6.2 Why Gondor should implement ELC………………………………………………………………………………………………….15 Bibliography…………………………………………………………………………………………………………………………………………………….16

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Landscape Planning Project LSC 313 Preface

Preface 1. Introduction 1.1

Background to the European Landscape Convention

The ELC is part of the Council of Europe’s work on natural and cultural heritage, spatial planning, environment and local self-government. It is the first international treaty specifically on landscape. The consultation period to draw a draft ELC for the adoption by the Council of Europe’s Committee of Ministers took into account views from various bodies and organisations including; Parliamentary Assembly and the Cultural Heritage Committee of the Council of Europe (CCPAT), UNESCO World Heritage Committee, IUCN, and Committee of Regions among others. It identified that landscape as a whole is a major contribution to the ‘formation of local cultures, human well-being and consolidation of the European identity’. Therefore it was vital that they referred to various existing national and international legal instruments to inform any decisions and future guidance. Work that was referred to included that of UNESCO Convention for the Protection of World Culture and Natural Heritage, as well as conventions considering protection of Natural Habitats and Architectural Heritage. A draft Convention was submitted to the Committee of Ministers by the Parliamentary Assembly and the Congress of regional and local authorities of Europe for adoption in July 2000 where it was then agreed upon and opened for signature. This led the convention to make a treaty in 2006, and was signed and ratified in the UK in March, 2007, although it is not legally binding, it marks a commitment and significant effort from local authorities to implement and uphold the policies within existing policy frameworks and should be seen as being complementary to existing international legal instruments. Many organisations are now considering how they can implement the Convention within their existing frameworks. It is the aim of this report to outline how the new Gondor District Council can use the ELC to inform their decision making on how best to protect the valuable landscape surrounding them whilst creating their Local Development Framework (LDF) and Spatial Planning Strategy, (core strategy and detailed policy document). Case studies of areas that are already implementing the ELC will be discussed to advise how best to effectively fulfil the policies of the convention as it is generally recognised that the Convention has the potential to encourage greater consideration of landscape issues within the planning process.

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Landscape Planning Project LSC 313 Preface Box 1.1: ELC Key Definitions Landscape: area perceived by people, whose visual features and character is the result of the action and interaction of natural and/or human factors, reflects landscapes evolve through time Planning: making strategic provision to meet the future needs and demands of society, for housing, employment, transport and services in a way that is sustainable by creating a plan Landscape Planning: planning of the way that the physical, natural, and cultural factors that shape the landscape interact with the land uses generated by society’s demands to form new or altered landscapes it is also concerned with the development of policies, strategies and practical interventions in landscape at the large-scale and is a form of spatial environmental planning where there is a major emphasis on sustainability.

1.2

Gondor Region

The new Gondor District which is located in the Yorkshire and Humber Region was established in April 2009. The small market town of Gondor is surrounded by a number of small villages with predominantly rural characteristics which are highly distinctive to the area. This document will help to inform how issues relating to landscape at national and regional levels are being addressed and the steps that should be taken in by Gondor to focus greater attention of matters affecting landscape within the development of their LDF and other planning policy documents.

Establishing Gondor’s LDF ELC and UK Planning Guidance

Gondor District Council

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Landscape Planning Project LSC 313 The ELC

The ELC 2. Aims 2.1

Aims of the ELC

The aims of the ELC were to produce a ‘new instrument devoted exclusively to the protection, management and planning of all landscapes in Europe’ as well as organising European co-operation on landscape issues. It identifies that landscapes are key elements to the social well-being of people but many are deteriorating therefore it lends itself to ‘democratic treatment, particularly at local and regional level’, whilst acknowledging its protection, management and planning are the responsibilities of everyone. This is in the hope to maintain and improve the quality of many landscapes whilst ‘achieving sustainable development based on a balanced and harmonious relationship between social needs, economic activity and the environment.’ The document unlike other guidelines and frameworks takes all landscape conditions into account, ‘urban areas in the countryside, degraded areas and areas of high quality in areas recognised as being of outstanding beauty as well as everyday areas’, ‘it is not confined to either the cultural, man-made or natural components of landscape: it is concerned with all of these and how they interconnect’. Box 2.1: Definitions of the ELC Primary Objectives Landscape and Sustainable Development: better understanding of environmental limits, enhancement and recovery where the environment is most degraded to ensure a decent standard landscape and a more integrated policy framework to create sustainable communities that embody the principles of sustainable development at the local level. Landscape Protection: actions to preserve the significant character features of a landscape, justified by its heritage value derived from its natural configuration and/or from human activity Landscape Management: action from a perspective of sustainable development, to ensure the regular upkeep of a landscape, so as to guide and harmonise changes which are brought about by social, economic and environmental processes whilst improving the landscape quality to the population’s expectations Landscape Planning: strong forward-looking action to enhance, restore or create landscapes to meet the aspirations of the people concerned. It involves framing proper planning projects, particularly areas most affected by change and badly damaged. The purpose of such planning projects is to radically reshape the damaged landscapes

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Environmental Impact Assessment LSC 301 Preface 2.2

Important Articles to Consider for LDF

There are some articles within the convention that are applicable to Gondor and planning policies regarding the landscape that should be taken into consideration whilst forming the LDF and Regional Spatial Planning Strategy. The articles below are aimed at both national and regional levels of policy making. 2.2.1 Article 2: Scope – all landscapes need to be taken into consideration when creating Local Development Frameworks not only those that are considered outstanding but every day and degraded landscapes too that cover natural, rural and urban areas. 2.2.2

Article 5: General Measures – a. Recognise landscapes in law as an essential component to people’s surroundings, expression of diversity and shared cultural and natural heritage; a foundation of their identity. b. Establish and implement landscape policies aimed at landscape protection, management and planning through the adoption of the specific measures set out in Article 6. c. Establish procedures for the participation of the general public, local and regional authorities, and other parties with an interest in the definition and implementation of the landscape policies mentioned above. d. Integrate landscape into its regional and town planning policies and in its cultural, environmental, agricultural, social and economic policies, as well as in any other policies with possible direct/ indirect impact on landscape.

2.2.3

Article 6: Specific Measures – a. Increase awareness of the value of landscapes, their role and changes to them. b. Multidisciplinary training programmes in landscape policy, protection, management and planning, for professionals in the private and public sectors and for associations concerned. c. Identify and analyse characteristics throughout their territory and understand pressures transforming them d. Define landscape quality objectives e. Implement effective landscape policies to protect, manage and plan the landscape

2.2.4 Article 12: Relationship with other Instruments – the Convention will not prejudice stricter provisions concerning landscape protection, management and planning contend in other existing or future binding national or international instruments. Figure 1. Right: Some of the implementation measures set in the articles listed

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Landscape Planning Project LSC 313 Impact on UK Planning System

Impact on UK Planning System 3. Existing National Planning Policy Statements National Planning Policy Statements (PPS) are prepared by the Government and provide guidance to local authorities and others on planning policy, the operation of the planning system and how some policies interlink to have important bearings on issues of development and land use. There are National Planning Policy Statements already existing that need to be taken into account that are legally binding whilst Gondor District Council create their LDF. This section will explain the implications that these have and how the ELC can work in conjunction with these to form a cohesive plan to manage the landscape and how landscape value is of importance at a large national scale. 3.1

PPS7: Sustainable Development in Rural Areas

PPS7 sets out Government’s planning policies for rural areas, including country towns, villages and the wider, largely undeveloped countryside up to the fringes of larger urban areas. The document is to be used in conjunction with other relevant statements of national planning policy. Box 3.1: Objectives of PPS7 The Government’s principle objectives within PPS7 are to: 1. Raise the quality of life and environment in rural areas through the promotion of sustainable development 2. Where possible enhances local distinctiveness and the intrinsic qualities of the countryside 3. Promote sustainable patterns of development 4. Protect the open countryside, with the highest level of protection for our most valued landscapes and environments to avoid urban sprawl 5. Promote sustainable, diverse and adaptable agriculture sectors to achieve high environmental standards, minimising impact and manages valued landscapes 3.3

How ELC relates to PPS7

Point 3 differs to the overall principle of the ELC as it identifies the need to protect areas of significant value rather than appreciating that all landscapes have some sort of value as the ELC has identified and this should be taken into account when developing LDF. However, it does highlight that the wider countryside context does have intrinsic character and quality that still needs to be respected. It advises that the aims should be achieved by using ‘criteria based policies’ informed by tools like Landscape Characters Assessment rather than by using Local Landscape Designations.

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Landscape Planning Project LSC 313 Impact on UK Planning System 3.3.1

Local Landscape Designations

The Government recognises that there are areas of landscape outside nationally designated areas that are highly valued locally, the Government believes that carefully drafted, criteria based policies such as landscape character assessment can provide sufficient protection of these areas, negating the need for rigid local designations that may unduly restrict acceptable sustainable development and the economic activity that underpins the vitality of rural areas. Nationally designated areas include Areas of Outstanding National Beauty (AONB) these would be changed to an overall landscape character. 3.3.2

Countryside Protection and Development in the Countryside

Planning authorities should ensure that the quality and character of the wider countryside is protected and where possible enhanced. This relates to Box 3.1 Objectives 3 and 4 with the main purpose being to prevent urban sprawl and to discourage the development of ‘greenfield’ land therefore encouraging sustainable developments to occur in brownfield sites. This should be taken into account with PPS3 which focuses on policies for Housing. It is the Government’s overall aim to ‘protect the countryside and its intrinsic character and beauty.’ As a result, for development to be sustainable it should aim to develop around existing settlements and reclaim disused land, any isolated proposed developments would have to meet strict criteria ensuring it is sensitive to the surrounding environment, which applies to the following point 3.3.3. 3.3.3

Design and the Character of Rural Settlements

Local planning authorities should prepare policies and guidance that encourage good quality design throughout their rural areas, utilising tools including; Landscape Character Assessments and Town Design Statements. 3.3.4

Landscape in Relation to Tourism and Leisure

To maintain a community’s vitality mixed multi-purpose service centres should be established. The local authorities should also recognise through Regional Spatial Strategies (RSS) and Local Development Documents (LDD) that tourism plays a vital part in maintaining a rural economy and that in recognising areas designated for landscape there is scope for tourist developments to enhance the economy further. 3.4

Conclusion of PPS7 against ELC

In conclusion PPS7 which is a legally binding document reiterates many of the concepts found in the ELC, in that it recognises the economic benefits that quality landscapes can have on the economy of a rural area. Although unlike the ELC it mainly considers already areas of specific interest rather than seeing a wider picture that all landscape is important, therefore offering the same protection and level of importance to all landscape can enhance areas thus making them on the whole more profitable whilst ensuring the distinctiveness remains.

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Landscape Planning Project LSC 313 Impact on UK Planning System Preface 3.5

PPS12: Local Spatial Planning

PPS12 explains what local spatial planning is and how it benefits communities. It also sets out what the key ingredients of local spatial plans are and the key government policies on how they should be prepared. Box 3.2: Objectives of PPS12 The Government’s principle objectives within PPS12 are to: 1. Create strong safe prosperous communities through place shaping 2. Produce a vision for the future of places that responds to the local challenges 3. Create a framework for investment and regeneration that promotes economic, environmental and social wellbeing for the area 4. Contribute to the achievement of Sustainable Development

3.6

How the ELC Relates to PPS12

The Government intends that within a LDF the spatial planning objectives for local areas should be aligned with national, regional and shared local priorities set out in Sustainable Community Strategies. The spatial planning process is a process of place shaping; it is concerned with distinctiveness in different areas and therefore how to create a framework and policies to promote economic viability in a sustainable manner. 3.7

Conclusion of PPS12 against ELC

In conclusion PPS12 like PPS7 is a legally binding document and distinguishes landscape within characteristic areas and the key issues and challenges facing them. Where are a large national scale this is appropriate on regional and local scales the ELC would be beneficial to inform Regional Spatial Strategies as there may be unique challenges faced on the landscape in Gondor that are overlooked on a national scale which may have large implications on the sustainability of the area.

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Landscape Planning Project LSC 313 Impact on UK Planning System Preface 3.8

Public Service Agreement (PSA)

PSA’s are voluntary and negotiated between local authorities and government with the aim of improving the delivery of local public services by focusing on targeted outcomes with support from the Government. Box 3.3: PSA 28 - Healthy Natural Environment for Today and the Future Government’s vision to secure diverse and healthy natural environment by using a series of measurements and indicators to analyse the positive and negative impacts on landscape. Its aim is to see land managed sustainably to allow people to enjoy, understand and care for the natural environment. It recognises that landscape plays a vital role in supporting a strong economy. Point 3.36 states that Local Authorities are key players in protecting and enhancing the natural environment through Local Strategic Partnerships, Sustainable Community Strategies and Local Development Plans 3.9

Conclusion of PSA against ELC

Within PSA’s they recognise the landscapes value in monetary terms and puts the emphasis on local authorities to respond to the challenges their landscapes may face by using various scales to measure how they might be being affected and therefore the result it will have on the community. This mirrors that of the ELC where they highlight the need for local authorities and communities to take responsibility for their own natural environment to eventually reap the rewards.

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Landscape Planning Project LSC 313 Institutional Framework Preface

Institutional Framework 4

Government Agencies

Many Government agencies promote various tools with the aim to try and fully understand landscape as it is such a broad area encompassing most things. 4.1

Natural England

“Natural England is the government’s advisor on the natural environment. We provide practical advice, grounded in science, on how best to safeguard England’s natural wealth for the benefit of everyone.” Natural England identify that landscapes links culture with nature and the past with the present and that its value is not always tangible but it is of importance to people and the communities who share it. 4.1.1

Natural England Implementing ELC

Natural England uses the tool of Landscape Character Assessments to inform their approach as to the best possible ways of sustaining a landscape. It is the process of “identifying and describing variation in the character of landscape and using this information to assist in managing change in the landscape”. Within this tool it not only identifies combinations of elements but explains key characteristics that make landscapes distinctive. There are 2 stages to this that include; characterising an area and then making judgements on policies and guidance to maintain and enhance the area. The tool is efficient as it is not limited to regional wide spreading characteristics but can hone in on regional characteristics. Figures to the right show character areas at the national scale down to individual borough character areas. 4.1.2

Natural England links to ELC

Natural England are work close with the ELC and value all landscapes and agree that they should be managed, planned and, where appropriate, protected to deliver a full range of ecosystem goods and services. Natural England advocates the use of a landscape character approach, which can be used to underpin local, regional and national policies and actions, ensuring that landscapes remain distinctive and highly valued. By identifying different character areas local authorities are able to watch changes in the landscape and how it evolves which in turn informs how policies and LDFs are written and implemented to maintain these areas of distinctive character to meet the needs of the community.

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Landscape Planning Project LSC 313 Institutional Framework Preface 4.2

English Heritage

“English Heritage is the Government's statutory adviser on the historic environment. Our principal powers and responsibilities are set out in the National Heritage Act (1983).” English Heritage champions our historic places and advises the Government how to help today’s generation get the best out our heritage and ensure that it is protected for the future. 4.2.1

English Heritage – Historic Landscape Character (HLC)

English Heritage found that there were limitations to LCA as it did not analyse historic contents that ‘underpins all landscape character’ and ultimately shaped the aesthetics that are seen in LCA. Therefore, in 1990s historic landscape maps were created at national scale that was to become effective at local scale to discover past monuments, listed buildings and old field boundaries. The HLC is not only a picture of the past, but also the present to form an overall picture of changes seen. Although it is largely confined to monuments buildings it can still group similar characteristics together to present the findings in a map. The process adds people and time to the landscape assessment, allowing the landscape to be viewed as a whole including material culture and realising that the landscape is a product of human activity. (Figures right from top: past land use map, present map, to form overall HLC map).

4.2.2

English Heritage HLC and ELC

HLC can aid management of landscape in rural areas, which is applicable to the Gondor region as it shows how the area has changed used in conjunction with LCA can note where new uses may having a negative impact on the environment. It allows for controlled development and can be use within Spatial Planning Policies and conjunction with PPS12. As ELC encourages the local community to take responsibility of their landscape so does the process of HLC as research and education about their past developers a stronger sense of identity and ultimately the type of characteristics that they want to live in. HLC does not hinder development or prevent necessary change but identifies how best to manage the land as to not have a negative impact. Like ELC it shares the importance of the whole landscape no matter how degraded or altered they may be, but places a strong emphasis on how the local and regional scale findings can fit into the wider context of the whole country’s history.

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Landscape Planning Project LSC 313 Case Studies

Case Studies 5

Boroughs Planning Policies

5.1

Berkshire Landscape Character Assessment

“The strategy for the Wooded Downland is to conserve and restore the peaceful and enclosed rural landscape with its distinctive mixture of arable and pastoral land uses, important chalk habitats and variety of woodlands. This necessitates conservation of the wooded horizons and restoration and management of important features such as the enclosing hedgerow network, rural lanes, attractive settlement character and chalk grassland habitats” Through this extract the LCA has identified the individual characteristics of the area, which then allows for strategies to be made and implemented reaching the objective set out to conserve and restore. 5.2

Lancashire Landscape Strategy

Once a strategy has been agreed, for example; retain characteristic pattern of gritstone walls, recommendations on how to achieve this can be made. This could include giving priority to walls that form prominent historic boundaries after considering HLC results or to restore the walls in various areas us LCA data to ensure any alterations are sympathetic to the character. 5.3

Durham Council Methodology

Durham is a highly diverse county and by carrying out a LCA they were able to identify variations in the landscape character not only at sub-regional level but local level also. The diverse range of landscapes is a product of natural and physical factors which result the land being used in certain ways. The benefits of the LCA are that it can protect the environment while accommodating and influencing change. It tells us what the ‘landscape is like today, how it came to be that way and how it may develop in the future’. It therefore allows an understanding of the sensitivities of different landscapes and therefore informs decisions to manage them. The LCA then forms a suite of documents that includes the County Durham Landscape Strategy and County Durham Landscape Guidelines. The Landscape Strategy identifies key issues and objectives for the conservation, restoration and enhancement of the County’s varied landscapes through analysing the LCA data with the aim of providing an integrated and co-ordinated framework for action. (Maps right: Broad LCA down to local field characteristics).

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Landscape Planning Project LSC 313 Case Studies Preface The Landscape Strategy will contribute to the sustainability of new development by informing planning policies for developments like housing, minerals or wind energy. “The Strategy will be used in the preparation of emerging Local Development Frameworks and guidance on its use in planning applications will be contained within a Supplementary Planning Document (SPD).” Spatial Strategies can use the following pyramid below to help aid the decision making of what strategies best to implement depending on the requirements for the landscape. This can be used in conjunction with Landscape Conservation and Improvement Areas seen in the bottom diagram.

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Landscape Planning Project LSC 313 Conclusion Preface

Conclusion 6

Gondor and ELC

6.1

How Gondor can implement ELC

The ELC will be relatively easy to implement into the new strategies and LDF for Gondor as it comprises of four methodological steps. These include: 1. Carry out a detailed Landscape Character Assessment, the advantages of this have already been listed in previous case studies 2. After analysing the data from the LCA, this can help inform the Districts aims and objectives that echo the main principles of the ELC, these being protection, management and planning for a sustainable environment 3. This will form the basis of legal policies and strategies 4. This will then be implemented to benefit the community and the area. 6.2

Why Gondor should implement ELC

Gondor should implement the ELC primary objectives and work them within their LDF and other spatial planning documents as it will no doubt enhance not only the environment but the quality lives of the community as well as the local economy as quality landscapes can attract tourist. In shifting the emphasis from ‘best’ landscapes to considering management planning for all landscapes this will allow for the sustainable development of the area that is sensitive to the area whilst increasing a sense of identity for the community as they take responsibility for their environment. Implementing the ELC makes sense particularly for Gondor as it is a rural area and by having to carry out a LCA this will work in conjunction with forming strategies that are linked with the objectives of the ELC. By promoting a landscape perspective based spatial planning strategy this will allow the important features to be retained and enhanced whilst those that are deteriorating will be given ways of improving to ensure their valuable character is not lost. In conclusion adopting the ELC and working it within Gondor’s LDF it will create “an inclusive, people centred approach’.

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Landscape Planning Project LSC 313 Bibliography Preface

Bibliography    

    

Carys Swanwick Lecture Series http://conventions.coe.int/Treaty/en/Treaties/Html/176.htm ELC http://conventions.coe.int/Treaty/en/Reports/Html/176.htm ELC Explanatory Report https://wcd.coe.int/ViewDoc.jsp?Ref=CM/Rec(2008)3&Language=lanEnglish&Ver=original& Site=CM &BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383 ELC recommendations http://www.communities.gov.uk/documents/planningandbuilding/pdf/147402.pdf PPS7 http://www.communities.gov.uk/documents/planningandbuilding/pdf/pps12lsp.pdf PPS12

http://www.hm-treasury.gov.uk/d/pbr_csr07_psa28.pdf PSA 28 PSA 28 http://www.naturalengland.org.uk/Images/ELC-GUIDANCE-PART-2_tcm623585.pdf implementing ELC http://www.durhamlandscape.info durham

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