4 National Parks
13.78 By virtue of s 5 of the National Parks and Access to the Countryside Act 1949176 the Conservation Bodies have power to designate as a National Park those ‘extensive tracts’ of countryside which, by reason of their natural beauty and the opportunities they offer for open-air recreation, necessitate measures being taken to preserve and enhance their natural beauty.
When considering designation natural England may take into account the area’s wildlife and cultural heritage, and also the extent to which it is possible to promote opportunities for the understanding and enjoyment of its special qualities by the public.177 Designation orders must be confirmed by the Minister before taking effect. Section 6 further requires Natural England to make recommendations to the Minister and Local Authorities as to the enhancement and preservation of the areas natural beauty, and they have a duty both to assist Local Planning Authorities in formulating proposals as to the exercise of their planning powers to further the objects of the designation, and to give advice as to administration of the area as a National Park.178 Before making a designation the Conservation Body must consult every local authority whose area includes land to be designated a National Park.179 Detailed provisions as to the making, confirmation and variation of designation orders are set out in Sch 1 to the 1949 Act. These provide, inter alia, for publication in the Gazette, two national newspapers and one local newspaper, and the holding of Public Inquiries to consider objections.13.79 Each National Park is administered by a national Park Authority, which has full planning powers with in the Park, and power to take all actions that appear expedient to attain the objectives for which the National Park was established.180 Following designation, special planning control applies to the erection, extension and alteration of buildings, or the formation or alteration of private rights of way, in a National Park.
land in a national park is also ‘Article 2(3) land’ within the meaning of the town and country planning permitted development order 2015.181 These have already been considered.182 The Wildlife and Countryside Act 1981,183 further, confers specific power on a National Park Authority to give financial assistance by way of grant or loan in order to fund expenditure which is conducive to the enhancement of the natural beauty of a National Park and its enjoyment by the public. Conditions can be imposed on financial aid, including terms making provision for repayment in certain circumstances.13.80 Section 42 of the 1981 Act confers on the Minister power to impose additional restrictions on the carrying out of agricultural operations on land that comprises moor and/or heath within a designated National Park. This power is exercisable by Order. If an order is made, it will become a criminal offence to plough, or otherwise convert into agricultural land, any land which is moor and heath and which has not been agricultural land within the preceding twenty years.184 Land that is used for rough grazing is not ‘agricultural land’ for these purposes and the power to make orders will therefore apply to restrict its conversion to more intensive agricultural use.185 It is also an offence under the 1981 Act to carry out, on such land, other agricultural operations which appear to the Minister likely to affect the character or appearance of the land, and which are for that reason specified in an Order made under s 42. An owner or occupier of land covered by an order under this section can give notice of a proposed operation to the National Park Authority, but can only carry it out without committing a criminal offence if the latter have:
(a)Given their consent, or
(b)Failed to respond within three months of receiving notice by either giving or refusing consent, or
(c)Where they have refused consent, where 12 months have elapsed from the giving of the notice.186 The Authority, consequently, has twelve months in which to offer a management agreement using its general power to do so under s 39 of the Wildlife and Countryside Act 1981 (below).
13.81 The relevant National Park Authority must also send notices of proposed operations on moor and heath to the relevant Conservation Body.
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- Index
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