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Part IVE+W Areas of outstanding natural beauty

89 Management plans.E+W

(1)Every conservation board shall, within two years after the date on which they are established, prepare and publish a plan which formulates their policy for the management of their area of outstanding natural beauty and for the carrying out of their functions in relation to it.

(2)Subject to subsection (3), the relevant local authority in respect of an area of outstanding natural beauty shall, before the end of the period of three years beginning with whichever is the later of—

(a)the commencement of this section, or

(b)the date on which the area is designated as an area of outstanding natural beauty,

prepare and publish a plan which formulates their policy for the management of the area of outstanding natural beauty and for the carrying out of their functions in relation to it.

(3)Subsection (2) does not apply where, before the end of the period mentioned in that subsection, a conservation board has been established for the area of outstanding natural beauty.

(4)A plan prepared under subsection (1) or (2) is to be known as an area of outstanding natural beauty management plan.

(5)A conservation board or relevant local authority may, instead of preparing a plan under subsection (1) or (2),—

(a)review any plan for the management of the area of outstanding natural beauty which has been prepared before the commencement of this section—

(i)by a local authority, or

(ii)by a joint committee established by two or more local authorities, and

(b)adopt the plan as reviewed as their area of outstanding natural beauty management plan, and

(c)publish it under subsection (1) or (2) within the time required by that subsection.

(6)A conservation board may, within six months of the date on which they are established, adopt an area of outstanding natural beauty management plan prepared for their area of outstanding natural beauty by the relevant local authority as their area of outstanding natural beauty management plan, and publish it under subsection (1).

(7)Subject to subsection (8), a conservation board shall review their area of outstanding natural beauty management plan before the end of the period of five years beginning with the date on which it was published and, after the first review, at intervals of not more than five years.

(8)Where a conservation board have adopted a plan under subsection (6), the first review must take place before the end of the period of three years beginning with the date on which the plan was published.

(9)Where an area of outstanding natural beauty management plan has been prepared under subsection (2), the relevant local authority shall review the plan before the end of the period of five years beginning with the date on which it was published and, after the first review, at intervals of not more than five years, but this subsection does not apply where a conservation board has been established for the area of outstanding natural beauty.

(10)Where a conservation board or relevant local authority review any plan under this section, they shall—

(a)determine on that review whether it would be expedient to amend the plan and what (if any) amendments would be appropriate,

(b)make any amendments that they consider appropriate, and

(c)publish a report on the review specifying any amendments made.

(11)In this section “relevant local authority” means—

(a)in the case of an area of outstanding natural beauty which is wholly comprised in one principal area, the local authority for that area, and

(b)in any other case, the local authorities for all the principal areas wholly or partly comprised in the area of outstanding natural beauty, acting jointly.

Commencement Information

I1Pt. IV (ss. 82-93) wholly in force at 1.5.2001; Pt. IV not in force at Royal Assent see s. 103(3); Pt. IV in force for E. at 1.4.2001 by S.I. 2001/114, art. 2(2)(e); Pt. IV in force for W. at 1.5.2001 by S.I. 2001/1410, art. 2(g)