Part E: Landscape planning context

Contents

Introduction

This section sets out relevant national, county-wide and local planning policy and guidance.

13.0 Climate Change and Devon’s Landscapes

13.1 The effects of climate change on Devon’s landscapes

Devon County Council declared a climate and ecological emergency in 2019. Climate change is already affecting Devon’s landscapes and habitats, and it is inevitable that these changes will continue in the future.

The predicted combination of milder winters, hotter summers, and more intensive weather events such as storms and heatwaves, has implications for many different elements of the landscape which contribute to landscape character, as explained in the examples below.

These future changes will be greater the less we do to combat climate change.

Tree species (such as beech) which are drought intolerant struggle as summers get hotter and drier. Many species (including oak) are vulnerable to pests and diseases which thrive in warmer conditions.

Loss of native tree species will affect many of Devon’s habitats including ancient woodland, hedges and copses, and will fundamentally alter the appearance of the landscape, as is already being seen with ash dieback.

Increased intensity of storm events causes increased physical erosion of rivers and coasts, leading to cliff collapse, and damage to riverbanks and structures such as roads and bridges.

It also leads to flooding, which affects properties, habitats and historic features. Strong winds damage trees, and this is more likely if the trees’ resistance is already compromised through disease or physical stress.

Exposed trees (such as those on hill tops) are particularly vulnerable to wind-throw, and are often also highly visible in the landscape.

Much of Devon’s landscape is the result of centuries of farming. Traditional farming practises and crop choices will be affected by climate change-induced alterations to soil conditions and growing seasons.

These in turn have implications on land cover and the continuation of landscape features which are integral to traditional land management.

13.2 Planning considerations and grid limitations

Meeting renewable energy targets will require more energy production (through solar and wind schemes) than occurs at present.

It will also require adaptations to the electricity grid (through battery storage systems) to manage the peaks and troughs in output associated with renewable energy generation.

The amount of additional renewable energy generation required will depend on a number of factors, as explained in the Devon Carbon Plan.

The landscape changes arising from new renewable energy schemes, and the landscape changes resulting from climate change, both need to be considered when planning decisions are being made.

Given the need to expand renewable energy production, it is important that Local Planning Authorities (LPAs) and renewable energy developers work co-operatively to create schemes which seek to minimise adverse impacts on landscape character and fabric. This Advice Note provides guidance that will help in this process.

Most renewable energy schemes need to be connected to the electricity grid. This constrains the potential locations of commercial and community schemes to places where there is a suitable grid connection.

Within Devon, these locations are currently very limited, and this is a key factor when identifying suitable sites for projects. It must therefore be borne in mind alongside landscape considerations.

14.0 National Landscape Planning Context

14.1 The European Landscape Convention

As context to the landscape considerations for all solar PV and wind energy projects, the European Landscape Convention (ELC) provides an overarching framework for our work in the Devon Landscape.

The ELC defines landscape as: ‘An area as perceived by people, whose character is the result of the action and interaction of natural and/or human factors’ (Council of Europe 2000).

The UK signed up to the ELC in 2006 and its aims are to promote landscape protection, management and planning. The ELC encompasses all landscapes, including natural, managed, urban and peri-urban areas, and special, everyday and also degraded landscape.

In practice, the ELC requires landscape to be integrated into national and local planning policies and in cultural, environmental, agricultural, social and economic policies, as well as any other policies with possible direct or indirect impacts on landscape.

The approach is based on the following five principles:

All landscapes – Every landscape is important because everyone has a right to live in and enjoy the benefits of vibrant surroundings.
Shared landscapes – Devon’s landscapes are a common asset and everyone has rights and responsibilities for looking after them.
Your landscapes – People and communities should always be involved in decisions that shape their landscapes.
Understanding landscapes – Decisions need to be based on understanding and awareness of both the cultural and natural dimensions of our landscapes.
Dynamic landscapes – Landscapes will continue to change but change needs to be informed and managed to ensure they remain resilient.

14.2 Overview of planning policy for onshore wind in England

(Much of this section is taken from House of Commons Library Research Briefing no. SN4370 Planning for Onshore Wind)

LPAs in England decide planning applications, including for onshore wind turbines, in line with their local plan (and, where one is in force, the relevant neighbourhood plan) unless ‘material considerations’ indicate otherwise.

One material consideration is the National Planning Policy Framework (NPPF), which sets out the government’s planning policies.

The NPPF also provides a framework against which LPAs draw up their local plans. In July 2024, the government updated national planning policy for on-shore wind development to remove the restrictions contained in footnotes 57 and 58 to NPPF paragraph 163 which allowed on-shore wind developments only a) in areas allocated in a development plan and b) where the proposal has proven community support.

The removal of these tests from planning policy means that onshore wind applications will be treated in the same way as other energy development proposals.

Permitted development rights for wind turbines

Installing a small-scale domestic wind turbine on the roof or in the garden of a house does not usually require planning permission from the LPA provided that it does not exceed height limits (full details are set out in the Town and Country Planning General Permitted Development) (Amendment) (England) Act 2011, Sections H and I).

These ‘permitted development rights’ are restricted for listed buildings, in conservation areas and in designated areas, such as National Parks and National Landscapes.

Exceptions for replacing existing onshore wind turbines

As of September 2023, applications to remove old turbines and replace them with new ones (to ‘repower’ them) or to extend the life of existing turbines are no longer subject to the same planning requirements as applications for new turbines.

The NPPF advises LPAs to support applications to extend the life of or repower onshore wind developments where their ‘impacts are or can be made acceptable’.

Using local or neighbourhood development orders to grant planning permission to onshore wind turbines

Usually, to obtain planning permission for an onshore wind development, a developer must make a planning application to the LPA.

As of September 2023, the NPPF provides that onshore wind developments can also be approved using local development orders, neighbourhood development orders or community right to build orders.

Local development orders can be used to automatically grant planning permission to a specific type of development (for example, an onshore wind turbine) in a defined area.

Development orders which include for provision of specified renewables therefore remove the need for a developer to make a planning application to the LPA and for a proposed development to pass through the usual planning process.

Pre-application consultation by developers

Before submitting a planning application, developers are required to undertake a pre-application consultation with the local community for onshore wind developments that meet either of the following conditions:

They consist of more than two turbines; or
The hub height (distance from the ground to the centre of the rotor) of any turbine exceeds 15 metres.

Public consultation on planning applications by LPAs

Before making a decision on applications for any onshore wind development, a LPA is also required to publicise the application and consult local residents to allow them to express their views on the proposed development. A LPA must take these views into account when making its decision.

How far from homes should onshore wind turbines be sited?

There is no set minimum separation distance between onshore wind turbines and residential buildings in England. Government guidance on renewable and low-carbon energy states that ‘distance of itself does not necessarily determine whether the impact of a proposal is unacceptable’.

It advises LPAs that they should not rule out ‘otherwise acceptable renewable energy developments’ by requiring ‘buffer zones or separation distances’.

Government guidance advises that the ‘desirable distance’ between onshore wind turbines and residential buildings depends on noise and visual impact.

Fall over distance (such as the height of the turbine to the tip of the blade) plus 10% is often used as a safe separation distance. This is often less than the minimum desirable distance between wind turbines and occupied buildings calculated on the basis of expected noise levels and due to visual impact.

14.3 Overview of planning policy for solar farms in England

(Much of this section is taken from House of Commons Library Research Briefing no. 7434 Planning for Solar Farms (2024).

Ground-mounted Solar PV developments (often referred to as ‘solar farms’) usually require planning permission. The size of the solar farm will determine which body decides the application. In England:

Solar farms with a generating capacity below 50MW need planning permission from the local planning authority.
Solar farms with a generating capacity above 50MW need development consent from the Secretary of State for Energy Security and Net Zero, because they are nationally significant infrastructure projects (NSIPs).

Policies for smaller-scale solar farms (below 50MW)

LPAs in England will decide applications for smaller-scale solar farms in line with their local plan and the national planning policies. (see Section 14.2).

Policies for larger-scale solar farms (above 50MW)

The Secretary of State will decide applications for large-scale solar farms in line with energy national policy statements. These were updated in January 2024.

They now state that the development of low-carbon infrastructure, such as solar farms, is a “critical national priority”. This means that the Secretary of State should generally grant consent to low-carbon infrastructure.

The updated National Policy Statement for Renewable Energy Infrastructure also advises that solar farms should be sited on previously developed and non-agricultural land. However, it does not prohibit the siting of solar farms on agricultural land.

14.4 National Planning Policy Framework (NPPF)

The current NPPF (December 2024) sets out the Government’s planning policies for England and how these should be applied. Planning law requires that applications for planning permission be determined in accordance with the development plan, unless material considerations indicate otherwise.

The NPPF must be taken into account in preparing the development plan and is a material consideration in planning decisions. Planning policies and decisions must also reflect relevant international obligations and statutory requirements.

Other statements of government policy may be material when preparing plans or deciding applications.

Paragraph 20 of the NPPF notes that strategic local plan policies should also set out an overall strategy for the pattern, scale and design quality of places (to ensure outcomes support beauty and placemaking) and make sufficient provision for conservation and enhancement of the natural, built and historic environment, including landscapes and green infrastructure, and planning measures to address climate change mitigation and adaptation.

The following paragraphs of the NPPF are particularly relevant to Renewable Energy:

161-169: Expectations of LPAs when determining applications for renewable and low carbon development;

187-191: Conserving and enhancing the natural environment (valued landscapes, intrinsic character and beauty of the countryside, undeveloped coast, National Parks, Areas of Outstanding Natural Beauty and Heritage Coast);

198: Potential sensitivity of the site or wider area arising from the development, including impacts on tranquillity, and impacts arising from light pollution; and

208: Impacts on designated heritage assets and their settings.

14.5 Planning Policy Guidance (PPG) for Renewable and Low Carbon Energy

(This guidance was originally published in June 2015, and updated in August 2023. The full guidance can be found at GOV.UK – renewable and low carbon energy)

This guidance aims to help local councils in developing policies for renewable and low carbon energy, and identifies the planning considerations. It includes:

Introduction to planning for renewable and low carbon energy;
Developing a strategy for renewable and low carbon energy;
Particular planning considerations for hydropower, active solar technology, solar farms and wind turbines; and
Battery Energy Storage Systems.

14.6 Duties to further the purposes of nationally Protected Landscapes 2023

In November 2023, all Areas of Outstanding Natural Beauty (AONBs) were rebranded as National Landscapes to reflect their national importance. In legislation they are still referred to as AONBs.

The Levelling-up and Regeneration Act 2023 amended earlier legislation to create a new duty on relevant authorities to ‘seek to further the statutory purposes of National Parks/National Landscapes’ when discharging their functions in National Parks and National Landscapes.

The new duty replaces the previous requirement for relevant authorities to ‘have regard’ to the purposes, and is intended as a more proactive and strengthened requirement.

For National Landscapes, this purpose is conserving and enhancing natural beauty; and for National Parks, the purposes are conserving and enhancing natural beauty, wildlife and cultural heritage, and promoting opportunities for the public understanding and enjoyment of the special qualities.

The duty is a statutory one and applies to all relevant authorities when discharging any function that affects a Protected Landscape. Relevant authorities include all levels of government, and include government agencies and ministers. Statutory undertakers are also covered by the duty.

The duty applies to local planning authorities and other decision makers in making planning decisions on development and infrastructure proposals, as well as to other public bodies and statutory undertakers.

The new duty underlines the importance of avoiding harm to the statutory purposes of Protected Landscapes but also to seek to further the conservation and enhancement of a Protected Landscape.

That goes beyond mitigation and like for like measures and replacement. A relevant authority must be able to demonstrate with reasoned evidence that they have taken all reasonable measures to further the statutory purposes.

The proposed measures to further the statutory purposes of a Protected Landscape should explore what is possible in addition to avoiding and mitigating the effects of the development and should be appropriate, proportionate to the type and scale of the development and its implications for the area and effectively secured.

14.7 Requirements for Environmental Impact Assessment

Depending on their size, location and potential impact, onshore wind farms and solar farms may need to undergo an environmental impact assessment (EIA).

The EIA process is designed to identify, assess, and, if necessary, set out measures to mitigate the potential environmental impacts of a proposed development.

Not all onshore wind or solar farm applications require an EIA. An EIA will usually be needed for onshore wind farms that:

consist of more than two turbines or where the hub height of any turbine or other structure exceeds 15 metres
are sited in areas where significant environmental impacts may arise

Solar farm applications might require an EIA, depending on their size, location and potential impact (full details of EIA requirement can be found in the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 and Infrastructure Planning (Environmental Impact Assessment) Regulations 2017).

Developers must consider whether their proposed development requires an EIA. They can also ask the LPA for a screening opinion as to whether an EIA is required for their proposed development.

If an EIA is required, developers must submit an environmental statement alongside their planning application, setting out the likely environmental impacts of their proposed development.

They must also propose measures to mitigate these impacts. A LPA will consider these impacts and mitigation measures when deciding whether to grant planning permission to a proposed development.

For further information about the EIA process, see government guidance on Environmental Impact Assessments.

Even if an EIA is not required, government guidance on the natural environment states that an ecological survey “may still be appropriate”, as would a Landscape and Visual Appraisal (LVA).

The level of detail required will be dependent on the sensitivity of the site and the nature of the proposal and its potential effects.

15.0 Devon-wide Landscape Planning Context

15.1 The Devon Carbon Plan

The Devon Carbon Plan (2022) has been prepared by the Devon Climate Emergency Partnership – a group of 30 public, private and third-sector organisations – in response to climate emergency declarations.

The plan’s goal is to create a resilient, net-zero Devon where people and nature thrive. Its headline targets are to achieve a 50% reduction in greenhouse gas emissions by 2030 (from 2010 levels) and net zero by 2050 at the latest.

It has been developed with extensive input from the public through a series of themed hearings, a three-month call for evidence, and the Devon Climate Assembly. The plan contains a series of themes and related actions needed to address the climate emergency.

Section 8 relates to energy supply. It states that in 2019 72% of Devon’s greenhouse gas emissions related to energy use. Of this, 12% came from electricity generation; 24% came from the direct burning of fossil fuels in buildings; 30% came from transport, and 6% came from manufacturing and construction.

In 2018, renewable energy sources within Devon produced 32% of the electricity used. This will need to rise to 95% by 2050. Much of Devon’s energy needs will be electrified, which means the demand for electricity will grow by about 2.5 times the 2018 level.

Making best use of renewable energy resources requires flexible generation and consumption, and the ability to store energy until it is needed.

The Devon Carbon Plan identifies four areas for change in order to achieve a net zero supply of energy:

Using less energy;
Transitioning to renewables;
Increasing flexibility and storage; and
Developing carbon capture and storage.

Points 2 and 3 are directly related to this Advice Note, which contains guidance on how to locate and design renewable energy generation and storage in a way which is sensitive to Devon’s landscapes.

15.2 Climate Resilient Devon, Cornwall and Isles of Scilly

The Devon, Cornwall and Isles of Scilly (CDIoS) Climate Impacts Group are co-ordinating regional action on climate adaptation, preparing communities and organisations for a changing climate, and improving resilience across the region.

The DCIoS Climate Adaptation Strategy will help communities and organisations across the Southwest better understand the risks their area might face in the future, as climate change increasingly affects the UK.

It will also help them to adapt to these changes, thereby improving their resilience and community safety. The Climate Resilient DCIoS website can be found here.

15.3 The Devon Landscape Character Assessment (Evidence base that supports landscape policies in Devon)

Devon’s landscape character assessments describe the variations in character between different areas and types of landscape in the county. It provides an evidence base for development plans, articulating what people perceive as distinctive and special about all landscapes in Devon.

Considering landscape character enables developers to plan and design their schemes so they respect the existing character and ‘sense of place’ of the landscape and take opportunities to enhance its character alongside other environmental benefits.

Within Devon there are 68 Devon Character Areas (DCAs). Each is named after a local place and represents an area which has a unique and distinct identity at a county scale.

Each DCA has a description which sets out the special qualities of its landscape, which should be protected and enhanced.

The DCAs are sub-divided into Landscape Character Types (LCTs). 37 LCTs have been identified in Devon. Some LCTs occur throughout the county (for example ‘settled valley floors’), whilst others (for example ‘upland moorland with tors’) only occur in a small number of locations.

The interactive map and links to the descriptions of each DCA and LCT can be accessed here.

Example: Blackdown Hills Devon Character Area

Special qualities and features

Distinctive, unspoilt, and very exposed skylines often looking over the crowns of woodland on the steep greensand slopes with some views of the Wellington Monument in adjacent character area.
High scenic quality reflected in the area forming part of the Blackdown Hills AONB.
Outstanding views across East Devon and across the Otter and Culm valleys; northern vantage points offer extensive views across Somerset.
Sense of isolation and remoteness, enhanced by exposure of the plateau; tranquillity provided by the dense woodland of the greensand scarps; one of the most tranquil areas in East Devon.
Many CWSs and SSSIs including ancient semi-natural woodland e.g. Bywood Copse; semi-improved and improved acidic and neutral grasslands and spingline mires (for example, Southey and Gotleigh Moors); and extensive areas of heathland and gorse scrub particularly on Black Down and Sampford Commons.
Prominent Bronze Age barrows on Brown Down; earthwork remains of former castles, for example, Castle Neroche, Dumpdon Camp and Hembury Fort.
Picturesque villages with traditional buildings linked by narrow winding lanes; many listed buildings.
Early 20th century artist Robert Bevan and the Camden Group of artists associated with Clayhidon.

image of a white house in a rural valley with trees and grass in the foreground

14.1 Illustration from the Devon Landscape Character Assessment showing a typical scene within the Blackdown Hills Landscape Character Area.

15.4 Protected Landscapes within Devon

Devon contains a number of landscapes which are recognised for their national importance for natural beauty. These comprise National Parks (Dartmoor and part of Exmoor) and AONBs (recently rebranded as National Landscapes).

Within Devon there are five National Landscapes: Blackdown Hills, East Devon, North Devon Coast, Tamar Valley and South Devon). In addition, Devon contains parts of two UNESCO World Heritage Sites (the Dorset and West Devon Coast (known as the ‘Jurassic Coast’) and the Cornwall and West Devon Mining Landscape).

More information on these Protected Landscapes can be found here.

For National Parks, the purposes are conserving and enhancing natural beauty, wildlife and cultural heritage, and promoting opportunities for the public understanding and enjoyment of the special qualities.

For National Landscapes, this purpose is conserving and enhancing natural beauty. The settings of Protected Landscapes also need to be considered – paragraph 182 of the NPPF states that development within their setting should be sensitively located and designed to avoid or minimise adverse impacts on the designated areas.

National Parks are the sole planning authorities for their areas under Section 4A of the Town and Country Planning Act 1990. Local Plans are prepared for Dartmoor and Exmoor National Parks.

More information on statutory duties is provided in Sections 14.6 and 14.7.

Links to National Park Local Plans:

Devon’s National Parks and National Landscapes have their own individual Management Plans which set out objectives for the management of the area, including those relating to development and renewable energy.

They provide information and guidance on the area’s particular character and Special Qualities, and can be a material consideration when assessing planning applications. These should be consulted if a proposal is within or in the setting of a Protected Landscape.

Links to National Park Management Plans:

Links to Protected Landscape Management Plans:

Links to World Heritage Site Management Plans:

15.5 Devon Minerals and Waste Plans

If proposals for renewable energy developments are on minerals or waste sites then policies from the Devon Minerals Plan and the Devon Waste Plan may also apply.

16.0 Local Landscape Planning Context

16.1 Local and Neighbourhood Plans, and Landscape Sensitivity Assessments

Devon County is subdivided into nine Local Planning Authorities (LPAs) comprising eight District and two Unitary Authority Councils, as well as two National Parks.

Each has their own Local Plan, which contains planning policies, including those relating to Renewable Energy. Local Plans are reviewed and updated every few years. They are available on Local Authorities’ websites.

LPAs also produce Supplementary Planning Documents (SPD) which provide more detailed guidance on the policies in the Local Plan. SPD are not formally part of the Local Plan, but form material considerations in decision-making on planning applications.

Neighbourhood Plans (once adopted) also form material considerations when the LPA is making planning decisions.

Local Planning Authorities determine planning applications in accordance with the National Planning Policy Framework (see Section 2.4). LPAs are also expected to identify ‘suitable areas’ for renewable energy development within their local plans.

The Government’s Guidance on Renewable and Low Carbon Energy provides guidance for Local Planning Authorities on how to identify ‘suitable areas’ for renewable energy development.

It states that there are no hard and fast rules about how suitable areas for renewable energy should be identified, but in considering locations, LPAs will need to ensure that they take into account:

requirements of the technology
cumulative impacts
the views of local communities likely to be affected

The guidance notes (para 5, reference ID 5-005-20150618) that some areas have existing local assessments relating to suitability for renewable energy. Within Devon, a small number of LPAs have published Landscape Sensitivity Studies which set out areas most likely to be suitable for different types of renewable energy technologies.

Check the website of the relevant local planning authority to see if there is one for the relevant area.

The same paragraph notes that when identifying suitable areas for renewable energy, tools such as landscape and seascape character assessment can form the basis for considering which technologies at which scale may be appropriate in different types of location.

It also notes (para 007 reference ID 5-007-20140306) that criteria-based policies have a role in planning for renewable energy, and that in shaping local criteria for inclusion in local plans (and considering applications in the meantime) it is important to be clear that:

the need for renewable or low carbon energy does not automatically override environmental protections
cumulative impacts require particular attention, especially the increasing impact that wind turbines and large scale solar farms can have on landscape and local amenity as the number of turbines and solar arrays in an area increases
local topography is an important factor in assessing whether wind turbines and large scale solar farms could have a damaging effect on landscape and recognise that the impact can be as great in predominately flat landscapes as in hilly or mountainous areas
great care should be taken to ensure heritage assets are conserved in a manner appropriate to their significance, including the impact of proposals on views important to their setting
proposals in National Parks and AONBs and settings will need careful consideration
protecting local amenity is an important consideration which should be given proper weight in planning decisions

Part F of this guidance contains criteria which can be used by local authorities when undertaking landscape sensitivity assessments for renewable energy developments.