Submission on the Draft National Landscape strategy and the European
Landscape Convention – 6th August 2014.
Joanne Addie
Ballyburley,
Rhode,
Co Offaly.
To whom it concerns,
I wish to make the following submission in relation to the Draft National Landscape
Strategy.
Firstly, I would like to say that landscapes affect people in many ways and can have a
positive or negative effect on the health related quality of life of a person. It is vital that
any policy that this government bring in takes peoples’ environment into account and
that the majority of people “value” their surrounding landscape no matter the quality of
it and any “change” brought about can affect health & wellbeing. Any change should be
to enhance & benefit human health.
European Landscape Convention
Florence, 20.X.2000
1: “Landscape protection” means actions to conserve and maintain the significant or
characteristic features of a landscape, justified by its heritage value derived from its
natural configuration and/or from human activity;
2: “Landscape management” means 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;
3: “Landscape planning” means strong forward-looking action to enhance, restore or
create landscapes.
Article 2 – Scope
Subject to the provisions contained in Article 15, this Convention applies to the entire
territory of the Parties and covers natural, rural, urban and peri-urban areas. It includes
and, inland water and marine areas. It concerns landscapes that might be considered
outstanding as well as everyday or degraded landscapes.
http://conventions.coe.int/Treaty/en/Treaties/Html/176.htm
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Throughout this submission “The Convention” means the European Landscape
Convention 2000.
“The Landscape Strategy” means “A Draft National Landscape Strategy For Ireland 2014
to 2024”
In reviewing the National Landscape Strategy one assumes that the document will set out
how Ireland will implement the European Landscape Convention. Having participated in
its formulation, and as a member of the Committee of Ministers of the Council of Europe,
Ireland participated in the formal adoption of the Convention on 20th October 2000. The
Convention was ratified by Ireland in 2002. Ireland, through its Government, has made a
binding national commitment to implementing this Convention.
However it becomes immediately clear that our Government is going to go its own way
and to attempt to re-write the Convention. Even the title; A Draft National Landscape
Strategy for Ireland 2014-2024, shows this intent. The Convention gives a clear definition
for the concept of “Landscape Policy.” But this is apparently not good enough. Also, The
Convention does not have a termination date.
In addition the compilers of the Landscape Strategy add insult to injury by devising a
different document structure and numbering system than that used in the Convention
document. This obscures and complicates the direct comparisons necessary for all users
of the documents.
In his statements of 1st July 2014 Minister Deenihan sets out his stall in the first
paragraph.
“The National landscape Strategy will be used to ensure compliance with the European
Landscape Convention as ratified by Ireland in 2002, and to establish principles for
protecting and enhancing the landscape while positively managing its change. It will
provide a high level policy framework to achieve balance between the management,
planning and protection of the landscape by way of supporting actions.”
Comment:
Straight away the waters are mudded by stating three if not four conflicting objectives.
Firstly, the Convention is a comprehensive and robust document. It provides the
“Principles” needed.
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Secondly, see Article 3 – Aims; the Convention clearly states, “The aims of this Convention
are to promote landscape protection, management and planning, and to organise
European co-operation on Landscape issues.”
Thirdly, the Ministers words: “to achieve balance between the management, planning
and protection of the landscape by way of supporting actions” is not the Aim of the
Convention. Note the almost complete reversal of the words protection, management
and planning, relevant to the Convention!
In the 2nd paragraph the Minister really adds to the confusion. “The core objective of the
Strategy is to allow for the sustainable management of “change” and is not about the
“freezing” of the landscape at a particular point in its continuing evolution while
anticipating and managing challenges between present and emerging land uses.”
Comment:
It’s pretty difficult to pick the “Core” out of all that! It is a complete misrepresentation of
the Convention. Is the Minister hinting that the Convention is about “the freezing” of the
landscape at a particular point in its evolution?
Thankfully this piece of literary juggling is not encountered again.
In Paragraph 3 “Landscape needs to be addressed in an integrated cross-sectoral manner
to ensure its sustainable management.”
Comment:
The Ministers emphasis is on the sustainable management aspect of landscape, no
mention of protection.
It is worth noting here that the Convention places the words “protection”,
“management” and “planning” together and in that order in 14 key statements
throughout. This order never varies. This is mostly ignored or deliberately changed in the
Landscape Strategy.
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The Minister’s Foreword in the Landscape Strategy.
“Landscape is an area, as perceived by people whose character is the result of the action
and interaction of natural and/or human factors.” This statement is labelled Article 1.a. of
the European Landscape Convention.
Comment:
The Minister manages to get this wrong. The article states “Landscape means an
area…….”
The Minister states in paragraph 2 “The landscape belongs to us all. However unless we
understand why it is important and work to ensure its safekeeping, it is vulnerable to
unplanned, unmanaged and detrimental changes.”
Comment:
This is a very lukewarm statement coming at this time, with another definition of
landscape policy aims. The Minister should be using his authority and unique position to
“lead the charge” and have the Convention operating as it is meant to, as soon as
possible.
More importantly, unplanned changes are not the real problem. Bad planning decisions
are the big issue especially when these are forced against informed public opinion. The
housing boom and bust was facilitated by approval for housing way beyond our needs.
The current wind energy mania is even worse, as it has already ruined much landscape
throughout the country. And it threatens to simply wipe out decades of good work done
in preserving the rural landscape.
The Landscape Strategy
1.0 Strategy Aims
1.1 Landscape Strategy Vision; Our Vision.
Quote: “We have an obligation to ourselves and to future generations to promote its
sustainable protection, management and planning.”
Comment:
The Convention does not use the words "sustainable protection.” Why does the Minister
use this phraseology? It qualifies and limits the scope to the protection intended.
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1.2 Landscape Policy Statement.
Quote; “The government recognises the past present and on-going influences on the
landscape from a broad range of sectors and the need to support sustainable landscape
change and better promote landscape management protection and planning.”
Comments:
Again, a re-write of the Convention.
The priority here is to “support sustainable landscape change”
Also, what does “better promote” mean?
Also, note again the rearrangement of the Conventions repeated wording of “protection
management and planning”
Section 1.2 Landscape Policy Statement. Page 4 (continued)
Four objectives are listed for the draft National Landscape Strategy. The first is to
“Implement the European Landscape Convention by integrating landscape into our
approach to sustainable development.
Comment:
This is a deliberate and severe subordination of the Convention, by placing it within the
Landscape Strategy.
The other 3 objectives are very poor, distorted, and limited mish-mash of the clear
statements in Chapter II of the Convention – National Measures.
And for good measure we have yet another, and different, statement of aims. They now
become “to manage, protect and properly plan through high quality design for the
sustainable stewardship of our landscape”
As the Landscape Strategy Policy is the considered and reviewed work of the Department,
it can be taken that The European Convention is going to be effectively sidelined,
dismantled and reassembled, whilst giving the impression that it is being implemented.
Why it is impossible to for the Minister and the Department to honestly and clearly state
that it is our duty and role, even at this belated stage, to simply implement the European
Landscape Convention of 2000?
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Section 2.0 Context and overview of Strategy.
2.1 The European and International Context.
In this section the Strategy Document correctly introduces the European Convention in
the first four sentences, two of highlighted in Green.
Then this is followed by the following statement:
“The Convention established the general principles by which national policies on
landscape and associated international co-operation must be guided and established that
the general framework for protecting the landscape is the responsibility of the State.”
Comments:
This is a very incorrect and misleading statement and does not portray the Convention
wording.
Take the following, quoting from the Convention:
Chapter II- National Measures.
Article 4 – Division of responsibilities.
“Each party shall implement this convention in particular Articles 5 and 6 according to its
own division of powers in conformity with its constitutional principles and administrative
arrangements and respecting the principle of subsidiary, taking into account the
European Charter of Local Self Government. Without derogating from the provisions of
this Convention, each party shall harmonise the implementation of this Convention with
its own policies.”
Note the words: “shall implement this Convention.” This is not “must be guided”)
In the Convention, Article 5, General Measures, sets out five agreed undertakings to be
carried out.
In the Convention, Article 6, Specific Measures sets out 5 undertakings (with some
subsets) to be carried out.
European Co-operation is dealt with in Chapter III.
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There is no suggestion that the general framework for protecting the landscape is the
responsibility of the state. In the Convention, Chapter II, National Measures, Articles 4, 5
and 6 are clear and comprehensive in their dealing with the scope and definition of the
national duties and actions required. The Convention is referring to the each party’s
administrative arrangements.
In Chapter III European Co-Operation, Articles 7, 8, 9, 10,11, the Convention is clear and
comprehensive in dealing with the scope and definition of the duties and actions in the
international arena.
Section 2.2 (of the Landscape Strategy). The Irish Context P7
The first sentence states: “This draft National Landscape Strategy is Ireland’s way of
meeting our obligations and delivering on the objectives under the European Landscape
Convention.”
Comment:
How does one comment on this piece of wry, and unintended humour? “Irelands way” is
to rewrite the Convention.
The same applies to the 2nd paragraph which states: “The Strategy sets out Ireland’s high
level objectives and actions with regard to landscape.
The third paragraph outlined in green states “A National Landscape Strategy aims to:
implement the European Landscape Convention in Ireland by providing for specific
measures to promote the protection, management and planning of the Landscape”
Comment:
Why not try this one? “Ireland undertakes to implement the European Landscape
Convention by implementing the European Landscape Convention”
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Section 3.4 Landscape Strategy; Increase Awareness
Action 8
Develop public awareness programmes to promote an understanding of the nature of
landscape, its value as a cultural and visual resource, its role in promoting Irelands
awareness as a Irelands attractiveness as a tourist destination, and also ensuring
economic prosperity and how it should be managed sustainably and beneficially to meet
the challenges of climate change adaptation and mitigation, food security, and health and
wellbeing.
Comment:
There is something in this sentence for everyone! It even manages, yet again, to redefine
the aims of a landscape policy.
Action 9 of the Landscape Strategy States: “Provide appropriate support to public
participation initiatives to ensure that Landscape change management is effective and
evidence based and informed by best practice”
This “appropriate support” is the duty of the Department of Arts Heritage and Gaeltacht
and the Heritage Council.
Comment:
Here we find still another definition of the aim of landscape policy, this time the aim just
concerns “Landscape change management”. Not Protection, Management and Planning.
The Convention is clear on public participation in all aspects of the landscape Policy.
In Article 5 General Measures, paragraph c. The Convention states: “Each party (to the
Convention) undertakes to:
“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 in paragraph b above.”
Note; the paragraph b referred to leads in turn to the full list of provisions in Article 6,
Specific measures.
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These are Awareness raising, Training and Education, Identification and Assessment of
Landscapes, Landscape Quality Objectives and Implementation of landscape policies.
Note the Convention wording, “definition and implementation.” That is meaningful
involvement of the general public at all stages.
Conclusion:
This is a deplorable start to one of the most important pieces of legislative requirements
from the European Union. The Landscape Convention documentation was completed in
the year 2000, just in time to avoid the impending, near breakdown of administrative law
and order in the 21st Century. The convention comes at a time of unparalleled pressure on
the environment. When implemented, it will place obligations on everyone to absolutely
and completely justify all intrusion on the landscape. This is as it should be. We will no
longer be allowed to pay lip service to landscape protection, management and planning
(as defined) and continue on our merry way as before.
But we still have the lack of ethos so prevalent in the nineties. We have, in the Landscape
Strategy, clear evidence of the authorities playing fast and loose with regulation, even if it
is still in the implementation stage. The Landscape Convention is a coherent, logical and
necessary set of regulations. Any thinking person can see that it is right and correct in its
time and should be fully implemented in the manner in which it was meant to be.
A full rethink of this “Draft National Landscape Strategy” is needed using the phrasing,
aims & terminology that is in the Landscape Convention.
A lot of our Tourism is dependent on our Natural Wild Landscape. We can keep the
tourists coming if we preserve & enhance what we already have.
Yours truly,
Joanne Addie.
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