AM61.

p126 15.19 This policies is included in the Joint Local Plan – Part 1 – Consolidated modifications doc - March 2023 but not in the Modifications schedule we were provided with. . We assume the version published on the web site for public consultation is the definitive version.
p126 15.23 We question the substitution from adversely to significantly as the defining level of effect on landscape to trigger an appraisal or assessment. Significant is a subjective measure open to legal challenge and in any case surely the purpose of any such appraisal or assessment is to first establish if any potential adverse impact would amount in the opinion of an expert to a significant impact or not. The purpose of reports is to professionally quantify an issue from which it can be established if there is a relevant issue and if there is to establish if it can be resolved or not and if so how.
p126 15.24 We question the need to substitute ‘protect’ with ‘conserve’ since a primary definition of conserve is to protect? Conservation as a definition tends to relate to retention and protection of wildlife and resources and not landscape. One difference in the definition of ‘conserve’ is that it also relates to preservation by change of state (like fruit into jam) and that may open up a difficult legal argument. For instance can landscape still be conserved by covering it with a housing estate? If so the change or wording makes this policy challengeable and extremely week.

The AONB team supports all the proposed modifications to paragraphs 15.23.-15.26