Archived decisions
Hampshire County Council Recreation and Heritage Policy Review Committee 17 January 2002 A South Downs National Park: Public Consultation Report Report of the County Planning Officer |
Item 8 |
Contact: David Carman, ext 5967
1. Summary
1.1 This report considers a consultation document published by the Countryside Agency entitled `A South Downs National Park: Public Consultation Report'. The consultation report is in two parts:
(i) Part A - Administrative Arrangements; and
(ii) Part B - Draft Boundary for a South Downs National Park.
Part A comprises a formal consultation and Part B seeks comments to inform the preparation of a draft boundary. A summary of the issues and options for the administrative arrangements for a National Park Authority (NPA) presented in the document is contained in Appendix 1 to this report. The criteria for defining a National Park boundary and their interpretation in the case of the South Downs are in Appendix 2. A map showing the Hampshire section of the proposed boundary is attached as Appendix 3.
1.2 The Countryside Agency has sought the views of the County Council on a range of issues. This report summarises and considers the main planning, transportation and administrative proposals and recommends a response.
1.3 The response is a Key Decision for the Cabinet in the County Council's Forward Plan because of its significant effects on communities living or working in the area.
1.4 The same report is being considered by the Environment Policy Review Committee on 23 January 2002. Members of this Committee are asked to examine closely the likely implications for the County Council's Countryside Service - the management of Country Parks and the Rights of Way Service.
2. Introduction
2.1 The significance of the South Downs as a special landscape and recreational resource was recognised by its consideration as a National Park in the lead-up to the 1949 National Parks and Access to the Countryside Act. At that time the Hobhouse Report which informed the Act recommended its inclusion, but in 1956 it was rejected by the National Parks Committee as the Act was intended to encompass remote, mainly upland, landscapes. However, the significance of the South Downs landscape led to its designation as the East Hampshire and Sussex Downs Areas of Outstanding Natural Beauty (AsONB) in the 1960s. Since then the management of the two AsONB has been undertaken in part by the Sussex Downs Conservation Board and in part by the East Hampshire AONB Joint Action Committee. In 1998 the then Countryside Commission reviewed the management of the South Downs and concluded that it would be best served by a new statutory Conservation Board with greater powers and independence which would require new legislation.
2.2 In 1999 the Deputy Prime Minister announced the Government's ambition to create two new National Parks (the New Forest and South Downs). The Government expressed the view that society's needs to access the countryside for quiet, informal recreation could be met without relying on the remote upland wildernesses that have formed the basis of the current family of National Parks. Meeting people's needs close to where they live is a new imperative in the interests of sustainability. The Countryside Agency reviewed the way the criteria for identifying National Parks might be applied to the South Downs and concluded that the South Downs merited designation.
2.3 A recurring theme in the consultation report is the difference between the South Downs and the other National Parks. The South Downs is intensively cultivated, with only 3% of its area being open downland; it receives four times the number of planning applications than the average in other National Parks; it adjoins a string of major conurbations along its southern boundary and, in the words of the consultation document, it is at the heart of "the European Zone for economic development". As traditional mixed farming declines due to economic factors, and development along the south coast and within the South Downs continues, so the pressures on the landscape increase. The Countryside Agency regards the strength of these forces for change as a powerful justification for enhancing the protection and management of the South Downs through National Park designation.
2.4 National Parks are designated by the Countryside Agency, subject to confirmation by the Secretary of State, under the National Parks and Access to the Countryside Act 1949 (amended by the Countryside Act 1968 and Environment Act 1995). The statutory purposes of National Parks (as amended by the Environment Act) are to:
(i) conserve and enhance their natural beauty, wildlife and cultural heritage; and
(ii) promote opportunities for public understanding and enjoyment of their special qualities.
Where it appears that there is conflict between these purposes, Government policy is to attach greater weight to the first.
2.5 The Countryside Agency is now engaged in the formal process of designating a National Park for the South Downs and is undertaking public consultation on the following two main issues:
(i) administrative arrangements; and
(ii) the proposed National Park boundary.
2.6 All Members have received copies of the Countryside Agency consultation document. The deadline for responses to the Countryside Agency is 28 February 2002. After considering the responses the Agency will finalise a recommended boundary for the National Park and its recommendations to the Government on an NPA. It will consult formally with the local authorities in spring 2002 on the boundary and invite comments on its recommendation for an NPA. The Agency will then make a National Park Designation Order in summer 2002 and the Secretary of State will announce a decision in late 2002 whether the Designation Order is confirmed or whether a Public Inquiry is to be held.
2.7 The consultation report suggests that the final decision might be taken in spring 2003 if no Public Inquiry takes place, or 2004 if it does.
3. County Planning Officer's Comments on Part A - the Administrative Arrangements
3.1 The Countryside Agency has identified seven issues that it wishes to be addressed in relation to the proposed administration of the National Park. These issues and the options for addressing them are summarised in Appendix 1.
Issue 1 - Membership of a South Downs National Park Authority
3.2 Under existing legislation membership of an NPA is made up of one half plus one councillors appointed by the local authorities in the area, with the remaining members being appointed by the Secretary of State. Of the latter, one half minus one are parish representatives and the balance are individuals appointed for their special expertise and experience in relation to National Parks. In view of the extent of the proposed South Downs National Park, the Countryside Agency's preferred option for an authority based on the above formulae is a National Park Authority of 46 members (the number is set by the number of district and unitary authorities covered by the National Park boundary).
3.3 National Park Authorities are local authorities. In responding to the consultation on the New Forest National Park the County Council commented that it "is concerned at the lack of democratic accountability associated with National Park Authorities." That comment is equally applicable to the administrative arrangements for the South Downs NPA. In the absence of an option for a tailor-made arrangement for the South Downs the Countryside Agency's preferred option for an NPA with 46 members should be supported, since it enables a greater number of councillors to be appointed consistent with a body administering an area from Winchester to Beachy Head.
3.4 The document fails to address the issue of the apportionment of County Council seats amongst local authorities. One option could be an apportionment based upon geographical area and population, rather than on the simplistic formula based on the presence of the number of district authorities within the boundary in each county. This would provide an accurate level of democratic representation. Clear support for the proposed membership structure must be dependent upon satisfactory apportionment of seats on the NPA.
Issue 2 - A Role in Forward Planning
The Structure Plan
3.5 The Agency's preferred option for three joint Structure Plans with existing authorities for the county areas is supported, as it allows for regional variations to be taken into account and reflects the geographical characteristics of the proposed National Park. At the present time it is not clear whether this would require primary or secondary legislation. If the matter is resolved before the various meeting dates, this will be reported verbally. Other options fail to take full account of the regional diversity of planning issues affecting the South Downs.
Minerals and Waste Local Plan
3.6 The Agency's preferred option for joint Minerals and Waste Local Plans with the existing authorities for the county areas is supported. With the establishment of a National Park covering the South Downs the extraction of sand and gravel within the National Park may become a significant issue. It seems very unlikely that new proposals for sand and gravel working within these areas would pass the `exceptional circumstances' and `public interest' test in the current national guidance for mineral working in National Parks. This may have consequences for the supply of aggregates in parts of the south-east, with possible knock-on effects elsewhere. Whilst recognising the stringent tests that apply to mineral working in National Parks, past experience has shown that sand and gravel working can be accommodated within these areas and that it can produce significant benefits for them, particularly in terms of increased biodiversity and recreational after-uses. The Countryside Agency, as the Government's adviser on National Parks, should consider this.
Local Plan
3.7 The Countryside Agency's preference is for a single Local Plan for the National Park area. This would be a highly complex document and would require coordination of cross-boundary matters between the NPA and the 12 local planning authorities. The Agency's option (c) for 12 individual Local Plans is preferred, as this continues to reflect local needs and recognises the breadth of variations in character along the length of the Downs. The Agency's comment that this option would lead to inefficiencies and inconsistencies applies equally to their preferred option, where cross-boundary issues require coordination. National Park issues could be addressed through an agreed chapter in each district Local Plan.
Unitary Development Plans
3.8 This is a single plan that embodies the Structure, Minerals and Waste and Local Plans for the National Park. Although more efficient than multiple plans it would provide none of the advantages of joint working and encourage an insular approach.
Development Control
3.9 The Countryside Agency's preferred option is for delegation of casework to the local authorities, with the exception of any large-scale, contentious or contrary to policy applications. This option is supported. It complements the County Council's preferred option for local plans, ensuring that a balance between the roles of the local authorities and the NPA in relation to forward planning and development control is achieved.
Issue 3 - A Role in Land Management
Land Management Generally
3.10 The Agency's recognition of the need for a vision and set of policies is supported, but the role of the National Park management plan, addressed as a separate issue in the document, needs to be stressed more strongly. This is a key document that sets out the vision, policies and framework for action to deliver society's aspirations for a National Park in the South Downs.
Farming and Forestry
3.11 The Agency's approach to farming and forestry interests is based upon strong, long-term partnerships with a wide range of Government departments and agencies, and other organisations. Whilst this partnership approach is supported, the NPA should also use its influence and contacts to encourage change in the way that farming is supported through the Common Agricultural Policy. Over the last 50 years over 90% of downland has been lost and funding and mechanisms which go beyond those available through the England Rural Development Programme need to be available to the NPA if the National Park is to meet society's expectations of the designation.
Nature Conservation
3.12 The Agency's recognition of the vulnerability of habitats and of the role of partners in managing the biodiversity of the South Downs is welcomed. The support and action of the NPA in the implementation of the local and national Biodiversity Action Plans is crucial to the future nature conservation interests.
Cultural Heritage
3.13 The Agency's recognition of the importance of cultural heritage in the land management planning process is welcomed. This is a vital component of the local distinctiveness of character that the management plan must seek to protect and enhance.
Issue 4 - A Role in Visitor Management
A Countryside Management Service and Site Management
3.14 The NPA should have a strategic role in relation to countryside management and the Agency's proposal for a countryside management service is supported, provided that it adds value to existing arrangements and does not simply replicate or duplicate them. The County Council has for many years invested in acquiring land to enable people to access the countryside and to ensure appropriate management of important sites. It has a deserved reputation for excellence which should be recognised in any future arrangements. The Agency has identified a role for the NPA in developing a framework that ensures high standards of management for publicly owned land, which is supported. The management of local authority country parks by the NPA, or the transfer of ownership to the NPA, should only be considered where there are demonstrable benefits to the recreational provision. The emphasis should be on what is delivered and not on who is delivering.
Access and Rights of Way
3.15 The Countryside Agency's preferred option for delegation of powers and resources, including funding, to the NPA is not supported. The rights of way throughout Hampshire are managed to a high standard by the County Council. With the additional resources that a National Park could bring, the County Council could deliver above its current high standards in accordance with criteria set by the Park Authority. Option C leaves the responsibility of rights of way with the local authorities, although this should be in partnership with the NPA. This is supported as it avoids fragmentation of responsibility for the rights of way network, which could cause confusion amongst users. It would also leave the National Park Authority free to concentrate on improving the Rights of Way network and managing open access.
Transport (County Surveyor's comments)
3.16 The County Council, as local highway authority, has already established a network of formal partnerships and joint working arrangements with district councils, neighbouring authorities and interest groups. The Agency's option that it should play an active role in the preparation of the Hampshire Local Transport Plan is supported. However, the suggestion that the NPA should deliver and implement parts of the transport strategy covered by the park area through the delegation of powers, resources and funding is not supported. The local highway authority is best placed to deliver the transport needs of the area through the already developed strategy approach.
3.17 The majority of the proposed National Park in Hampshire lies within the area covered by the Central Hampshire Area Rural Transport Strategy (CHARTS). The Central Hampshire area is predominantly rural and includes a significant part of the East Hampshire AONB. The strategy recognises the balance that needs to be found in protecting and enhancing the rural area and the pressures on the area resulting from high levels of car ownership and car usage. An integrated approach to transport provision is being developed, which coordinates the needs of those living and working in the main settlements, either within or outside the boundary of the NPA, and those in rural areas. The County Council is already working with the Countryside Agency on a demonstration project to explore an integrated approach to countryside areas based on local solutions to local needs.
Tourism
3.18 The Agency does not envisage the NPA having a role in the promotion of the National Park to tourists, although it would work closely with the tourist authorities on a joint tourism strategy. In fulfilling its statutory duty to promote enjoyment of the National Park, the NPA should take an active role in promotion of the tourism potential of the Park. This is an important component of the local economy and can be a vehicle for managing visitors.
Education and Interpretation
3.19 The NPA's role in developing and coordinating the implementation of an interpretation strategy is seen as an important function. This would be for the benefit of visitors and local people and would incorporate an educational remit with schools and young people. This approach is supported.
Issue 5 - A National Park Management Plan and Delivery by the NPA and Others
3.20 This aspect of the administrative arrangements is central to the success of the National Park. The role of the management plan is underplayed in the report. The relationship between the management plan and all the interests and activities that it encompasses, as well as its links to regional and national policies, should be clearly defined.
Issues 6 and 7 - Working in Partnership: Involving Local People
3.21 The Countryside Agency's proposals for securing the involvement of schools, young people, local people and other partners is supported. The arrangements need to be both geographically and sectorally sensitive to ensure the widest possible participation.
4. Part B - Proposed Boundary
Summary
4.1 The Countryside Agency has identified a draft boundary for the proposed National Park. The draft boundary includes the whole of the East Hampshire AONB and the addition of a significant area of land outside it. However, the draft boundary excludes two small areas within the AONB. This section of the report identifies both the areas added to the AONB and those excluded from it. The draft boundary is supported, with the exception of 11 areas identified below in paragraphs 4.8-4.21 inclusive.
Draft National Park Boundary
4.2 The Countryside Agency is seeking to identify a boundary for the South Downs National Park based on national park purposes and boundary setting conventions. In March 2001 the Agency identified an Area of Search for the proposed boundary. This was followed, in November 2001, by a public consultation report identifying a draft South Downs National Park boundary. The current consultation represents the public consultation on the draft boundary by the Countryside Agency.
4.3 The draft National Park boundary is shown in Appendix 3. The Countryside Agency's interpretation of the statutory criteria for designation of the proposed National Park and its approach to defining national park boundaries are set out in Appendix 2.
4.4 The draft boundary includes the whole of the East Hampshire AONB with the exception of two small areas, one at Bar End, Winchester and the other at Clanfield. The area at Bar End is associated with the extension to the Park and Ride facility, and the area at Clanfield is part of the urban area.
4.5 The draft boundary also shows 13 areas outside the AONB boundary which the Agency considers would merit inclusion within the National Park. Within Hampshire, the Agency has broken the draft boundary into eight sections, A to E and U to W. The 13 areas proposed for inclusion are:
Section A: the Itchen Valley south of Winchester; and the upper Itchen Valley between Winchester and New Alresford;
Section B: the inclusion of the disused railway line;
Section C: south of Alton, including Chawton and Upper Farringdon;
Section D: east of Bordon, between Bentley Station and Blackmoor; and an area at Blackmoor;
Section E: between Greatham and the county boundary at Liphook; and a small area north of Greatham;
Section U: west of Catherington; at Clanfield; north of Blendworth; and north of Rowlands Castle;
Section V: the Meon Valley north of Wickham, and West Walk woodlands;
Section W: between Colden Common and Swanmore.
County Planning Officer's Comments in Respect of the Draft Boundary
4.6 Consultation has been undertaken with all appropriate chief officers and, where appropriate, their views have been incorporated in this report.
4.7 The draft boundary proposed by the Countryside Agency for the South Downs National Park is supported, with the exception of 11 areas. Five of these are recommended for exclusion from the National Park, and six are recommended for inclusion.
Areas Recommended for Exclusion
4.8 Three parts of Section A: two of these are small areas associated with the M3 motorway at Winchester, at Easton Lane junction and Bar End. The first, which is immediately next to the motorway, is an urban landscape dominated by modern industrial development. The landscape of this area does not meet the National Park criteria. The second includes both the motorway, the road linking the A31 Petersfield Road to Bar End, and the land between the two roads. This isolated area of land has urban influences and is not of high landscape quality. Consequently, it fails to meet the National Park criteria. The third is a short section of the A34 dual carriageway south of Kings Worthy where the road crosses the Itchen Valley. This does not meet the National Park criteria.
4.9 Part of Section V: the area north of Wickham, between Mill Lane/Frith Lane, Close Wood and the old railway line. The landfill site at Frith Farm has a degrading influence on the adjacent area which is proposed for inclusion within the National Park. Much of the adjacent land is not of high landscape quality as its structure and character have been eroded. The area fails to meet the National Park criteria.
4.10 Part of Section W: the area between Swanmore and Upper Swanmore. This area is strongly influenced by urban features and dispersed smallholdings, and it does not demonstrate the high landscape quality required by the National Park criteria.
Areas Recommended for Inclusion
4.11 Part of Section A: the Site of Special Scientific Interest along the Itchen Valley south of Brambridge Park; down to the district boundary. This is of nature conservation value and, together with the additional length of footpath along the Itchen Navigation, affords recreational opportunities.
4.12 Part of Section B: the area of land north of Cheriton between North End and Hinton Lane. This area meets the National Park criteria. It includes the eastern side of the Itchen Valley and it would provide recreational opportunities. The associated lanes are likely to become part of the Winchester recreational cycle route.
4.13 Part of Section C: the area of land between Kitcombe Lane and the A31. This area meets the National Park criteria. The landscape is of equal quality to that within the AONB. The draft boundary as proposed includes the settlement of Upper Farringdon but excludes Lower Farringdon. Inclusion of this land would also avoid dividing the settlements which are regarded as one by the local community.
4.14 Part of Section D: the area east of Blackmoor between Selborne Brickworks and Southerington Lane. This area meets the National Park criteria, as it forms the setting to the Hangers to the west and is an integral part of the Hangers landscape. The rationale for its exclusion is unclear, particularly as its character and quality are similar to the area to the north of the Brickworks, which has been included.
4.15 Two parts of Section E: Woolmer Forest, north of the A3, and part of Wheatsheaf Common, south-west of Liphook. Firstly, Woolmer Forest is a wildlife habitat of both international and national importance. It also has significant recreational potential with free public access when the area is not restricted for military use. Notwithstanding the justification for exclusion made by the Agency in the consultation report, this important landscape meets the National Park criteria and is worthy of inclusion. Secondly, a small part of Wheatsheaf Common lies between Portsmouth Road and the railway. The draft boundary excludes this area which is an integral part of the Wheatsheaf Common Site of Importance for Nature Conservation, and its exclusion would prejudice its future management.
4.16 Part of Section W: `The Moors' Local Nature Reserve, which is largely owned and managed by the County Council and lies south-east of Bishops Waltham. This area meets the National Park criteria. It is of high landscape quality and a Site of Special Scientific Interest, consisting of calcareous fen meadows. The area is also associated with Chase Mill, a Victorian Grade II listed building, and Park Lug and King's Way, an ancient boundary of Bishops Waltham.
4.17 The Countryside Agency is strongly urged to reconsider these parts of the draft National Park boundary within Sections A, B, C, D, E, V and W.
4.18 In reviewing the draft boundary, the Countryside Agency is advised to rationalise the more convoluted sections of the boundary; to ensure that, wherever possible, an easily distinguishable physical boundary is chosen, for example, north of Kings Worthy along the former railway line, which is no longer a physical feature. The agency is also advised to give further consideration to the following key sections of the boundary to ensure consistency in the application of the criteria.
4.19 Part of Section B: between Martyr Worthy and New Alresford. The boundary should run along the northern side of the disused railway line rather than the southern side, to afford recreation opportunities.
4.20 Part of Section C: south of Four Marks and west of Dogford Wood. The boundary runs through the centre of an unremarkable large field which is not worthy of inclusion.
4.21 Part of Section D: north and west of Oakhanger. Sand deposits of strategic importance for long-term supplies occur near Oakhanger and Kingsley within the draft boundary of the National Park. Although this area is not included in the Minerals and Waste Local Plan, a case could be made for reconsidering the draft boundary. However, the area meets the criteria for inclusion as it forms the setting to the Hangers, and it includes Shortheath Common, a Site of Special Scientific Interest consisting of heathland, bog and mire.
Recommendation
That the Cabinet be informed that:
1. Issue 1 (membership)
(i) The County Council is concerned at the lack of direct democratic accountability associated with National Park Authorities.
(ii) In the absence of special arrangements to address the lack of democratic accountability, the Countryside Agency's preferred option for a National Park Authority of 46 members be supported.
(iii) The apportionment of County Council seats on the National Park Authority should be based upon the geographical area and population within the National Park.
2. Issue 2 (Forward Planning and Development Control)
(i) Structure Plan: the Countryside Agency's preferred option (a) for three joint Structure Plans be supported.
(ii) Minerals and Waste Local Plan: the Countryside Agency's preferred option (a) for minerals and waste local plans to be prepared jointly with existing authorities in each county be supported. In view of the likely impact of National Park designation on the sand and gravel supply for the south-east, consideration should be given to a change in national policy on sand and gravel extraction in the National Park to enable it to be permitted where it would result in environmental benefits that accord with National Park objectives.
(iii) Local Plan: the Countryside Agency's option (c) for a series of 12 Local Plans be supported, with the addition of a recommendation for a specific chapter in each local plan addressing the National Park.
(iv) Development Control: the Countryside Agency's preferred option (a) for delegation of casework to local authorities be supported.
3. Issue 3 (A Role in Land Management)
(i) Land management generally: the role of the management plan and its relationship to national, regional and park-wide issues be defined by the Countryside Agency.
(ii) Farming and forestry; nature conservation; cultural heritage: the Agency's approach be supported.
4. Issue 4 (A Role in Visitor Management)
(i) A countryside management service: the creation of a countryside management service be supported, but only if it adds value to the existing provision of such services.
(ii) The transfer of ownership and management of County Council country parks and other recreational sites to the National Park Authority should only take place where there is a demonstrable need.
(iii) Access and rights of way: the Agency's preferred option (a) be rejected. The legal responsibility for rights of way should remain with the County Council, managed in partnership with the National Park Authority.
(iv) Transport: the proposal for the active involvement of the National Park Authority in the preparation of the Local Transport Plan be supported. The proposal that the National Park Authority should deliver and implement parts of the transport strategy covered by the park area through the delegation of powers, resources and funding be rejected.
(v) Tourism: the National Park Authority should take an active role in the promotion of the park to visitors in partnership with the local authorities and tourist boards.
5. Issue 5 (A National Park Management Plan)
(i) The National Park Management Plan is the umbrella document which embodies the vision and policies for the National Park and its importance should be reflected more strongly.
6. Issue 6 (Working in Partnership)
(i) The Countryside Agency's approach be supported.
7. Issue 7 (Involving Local People)
(i) The Countryside Agency's approach be supported.
8. Draft Boundary
The draft boundary of the South Downs National Park as proposed by the Countryside Agency be supported, with the exception of the areas referred to in paragraphs 4.8 to 4.21 of this report.
Section 100 D - Local Government Act 1972 - background papers | |
The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report. | |
NB the list excludes: | |
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Published works. |
2. |
Documents which disclose exempt or confidential information as defined in the Act. |
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6931/DC/LIN
APPENDIX 1
SUMMARY OF THE CONSULTATION DOCUMENT
Administrative Arrangements
1. The Countryside Agency has identified seven issues that need to be addressed in relation to the proposed administration of the National Park.
Issue 1 - Membership of a South Downs National Park
2. Two options are proposed:
(a) A full NPA with around 46 members (the largest in the country), made up as follows:
- half plus one (24) elected councillors appointed by the local authorities;
- 10 parish representatives selected through a democratic process whose names would be submitted to the Secretary of State for his appointment;
- 12 individuals appointed by the Secretary of State for their special expertise.
The Secretary of State would seek advice on the appropriate balance of skills and experience needed for the appointees to the NPA, supported by a programme of induction and ongoing training for all members. This is the Agency's preferred option.
(b) A smaller NPA, with the local authorities agreeing which of them would not be represented, and with proportionally fewer parish and independent appointees. Although potentially more efficient, it means some local authorities may not have a role in the National Park.
Issue 2 - A Role in Forward Planning
3. The report addresses this under four categories:
- Structure Plan
- Minerals and Waste Local Plan
- Local Plan
- Development Control.
The Structure Plan
Four options are considered in the report:
(a) Three joint Structure Plans (one per county) prepared by a South Downs NPA and the existing three Structure Plan authorities, adopted by all. Whilst the NPA would retain legal responsibility for the Structure Plan for the National Park, it would allow strategic consideration of cross-boundary issues. This is the Agency's preferred option.
(b) The NPA prepares its own Structure Plan through close working with neighbouring authorities, but this is an obstacle to a strategic approach to cross-boundary issues.
(c) A joint Structure Plan with one of the main County Councils (for example West Sussex, with the largest share of the National Park), although this would give no role to the other authorities.
(d) Transfer of legal responsibility from the NPA to the Structure Plan authorities. This would leave no role for the NPA in strategic planning.
Minerals and Waste Local Plan
Three options are considered:
(a) Three joint Minerals and Waste Plans, as for (a) above. This is the Agency's preferred option.
(b) The NPA prepares its own Minerals and Waste Plan, as for (b) above.
(c) Transfer of legal responsibility, as for (d) above.
Local Plan
Four options are considered:
(a) A park-wide Local Plan prepared by the NPA, addressing cross-boundary matters with the neighbouring authorities through, for example, a Joint Action Committee. This would ensure consistency in land use planning across the park, in line with park purposes. This is the Agency's preferred option.
(b) The NPA prepares the plan by itself with no special arrangements to consult neighbours. This would not address cross-boundary issues.
(c) A series of up to 12 joint local plans, but this would lead to inconsistencies and is an inefficient use of resources.
(d) Legal transfer of responsibility to the existing local planning authorities, leaving the NPA with no role in land use planning and thereby undermining its purposes.
Unitary Development Plan
This is a single plan that embodies the Structure, Minerals and Waste and Local Plans for the National Park. Although more efficient than multiple plans it would provide none of the advantages of joint working set out above.
Development Control
Three options are considered:
(a) The NPA retains responsibility for Development Control but should delegate casework to the local authorities, retaining the right to determine major or contentious cases. This would make best use of the expertise and knowledge within the local authorities. The degree of delegation would be negotiated by the NPA and the local authorities. This is the Agency's preferred option.
(b) The NPA deals with all aspects of development control, without delegation, using local area committees. This would not be an efficient system and the NPA would be dealing with matters having no impact on National Park purposes.
(c) Legislation to transfer the responsibility for development control to the local authorities, leaving the NPA without a role in this important process in terms of National Park purposes.
4. Issue 3 - A Role in Land Management
This section of the consultation report considers the role of the NPA in land management generally, in farming and forestry, in nature conservation and in cultural heritage. This vital role is the mechanism for ensuring that the characteristics of the South Downs which justify its designation are protected, managed and enhanced in the future.
Land Management Generally
The Agency believes that a South Downs NPA should develop a vision and a set of land management policies, take a strategic view of the land management resources of the park and lead in the coordination of policy and priorities. This would require close working with many statutory and voluntary organisations including the Department for Environment, Food and Rural Affairs (DEFRA).
Farming and Forestry
With arable production at such a high level and with almost 25% of the South Downs covered with woodland, the sensitive management of these resources is crucial to the character of the National Park. A number of mechanisms are in place to support their management, including the Environmentally Sensitive Area Scheme, the Countryside Stewardship Scheme, and several woodland management and planting grant schemes. An integrated approach to land management is needed that balances environmental, economic and social objectives.
A South Downs National Parks Authority should work with DEFRA and others to ensure that agri-environment schemes are well-targeted and policy is influenced. The NPA should run its own integrated rural development scheme with an appropriate budget, offer a park-wide countryside management service and provide a forum for discussing and acting upon farming forestry issues.
Nature Conservation
The South Downs supports a wide range of important habitats but much has been lost and fragmented through agricultural intensification and development. The NPA should implement local and national Biodiversity Action Plans through land management, work closely with organisations such as English Nature, local authorities and wildlife trusts and provide a forum for discussing and acting upon nature conservation issues.
Cultural Heritage
The rich cultural heritage of the South Downs is recorded in its landscape, art, literature and music. The NPA should be active in the conservation of cultural heritage by working with other organisations such as English Heritage and local authorities and by providing a forum for discussing and acting upon cultural heritage issues.
5. Issue 4 - A Role in Visitor Management
It is estimated that the South Downs receives in excess of 32 million visits a year, more than any other National Park. Although National Park designation would not reduce the number of visits, it would attract new resources to manage it more effectively. The consultation report addresses the issues under five categories:
(a) countryside management service and site management;
(b) access and rights of way;
(c) transport;
(d) tourism; and
(e) education and interpretation.
A Countryside Management Service and Site Management
At present this is provided in the Sussex Downs AONB by the Sussex Downs Conservation Board and in the East Hampshire AONB by the East Hampshire AONB Joint Action Committee. Several key sites such as Queen Elizabeth Country Park and Ashford Hangers are also owned and run by the County Council.
The Agency believes that the NPA should provide an integrated countryside management service, working within a framework that maintains consistently high standards in the management of publicly owned land. Where appropriate the NPA should manage sites, such as country parks, on behalf of the local authorities and consider owning such land itself.
Access and Rights of Way
NPAs have legal responsibilities for managing access to open country and common land under the Countryside and Rights of Way Act 2000. These responsibilities do not extend to the highway and so they would exclude public rights of way, which remain the responsibility of the local authorities.
The Agency proposes three options:
(a) The local authorities delegate their powers and resources for rights of way to the NPA, which would be responsible for the definitive maps, orders, maintenance and production of a rights of way improvement plan. The NPA could still make use of specialist expertise in the local authorities. This is the Agency's preferred option.
(b) The NPA is responsible for managing the rights of way, but does not act as the local authority. This has the disadvantage that people would have to contact more than one organisation over rights of way matters.
(c) The highway authorities retain their responsibility, leaving the NPA with no influence over this important recreational resource.
Transport
Its proximity to large areas of population makes the South Downs particularly subject to heavy car use. This will need careful management to ensure that the impact on the environment is minimised. A good public transport system is one of the characteristics of the South Downs and is an asset that can be built upon.
Local authorities would remain as the highway authority but the NPA should be an active participant in the preparation of Local Transport Plans by local authorities, delivering parts of the transport strategy and implementing transport policy on behalf of the highway authorities through delegation of powers, resources and funding.
Tourism
The local authorities and tourist boards would remain as the tourism authorities, with responsibility for promotion, and the NPA would not promote the National Park to tourists. A tourism strategy should be prepared jointly between the local authorities and the NPA.
6. Issue 5 - A National Park Management Plan and Delivery by the NPA and Others
Under the Environment Act 1995 all NPAs are required to produce a management plan which provides the strategic framework and policies for the park as a whole. The management plan is independent of the development plan system, its remit being to coordinate the work of the NPA and partners in relation to natural beauty, wildlife and cultural heritage, and the ability of people to enjoy them.
The Agency believes that the Secretary of State should issue guidance on the role of the management plan in influencing policy and programmes. The NPA should set targets and indicators against which to judge progress, and public bodies should take account of National Park purposes in their business plans.
Education and Interpretation: Working in Partnership; Involving Local People
Under each of these headings the Countryside Agency proposes the creation of appropriate partnerships, fora and mechanisms for delivery of these elements.
APPENDIX 2
STATUTORY DESIGNATION CRITERIA FOR NATIONAL PARK BOUNDARIES
The Statutory Designation Criteria
The National Parks and Access to the Countryside 1949 Act states, in relation to national parks, that:
"5(1) The provisions of this Part of the Act shall have the effect for the purpose of preserving and enhancing the natural beauty of the areas specified in the next following subsection, and for the purpose of promoting their enjoyment by the public.
5(2) The said areas are those extensive tracts of country in England and Wales as to which it appears to the Commission that by reason of:-
(a) their natural beauty, and
(b) the opportunities they afford for open-air recreation, having regard both to their character and to their position in relation to centres of population, it is especially desirable that the necessary measures shall be taken for the purposes mentioned in the last foregoing subsection."
In February 2000 the Countryside Agency agreed a policy for applying the criteria given in section 5(2) in the light of modern society's requirements. For areas already designated as AsONB, and so already meeting the natural beauty criteria, suitability for inclusion in a National Park hinges on two questions:
(i) Is it an extensive tract of country providing, or capable of providing, sufficient opportunities for open-air recreation?
(ii) Is it especially desirable to provide for the leadership of a National Park Authority, with the powers and duties laid down in the Environment Act 1995?
Defining National Park Boundaries
The Agency also has an agreed approach for defining the precise boundary of a National Park, once it is satisfied that an area meets the statutory criteria set out above. These are set out in the table below:
1. The Countryside Agency shall first determine in broad terms that an area of land meets the statutory criteria for designation.
2. It shall then, in drawing a National Park boundary, take account together of the following considerations:
(a) Areas of high landscape quality should be included within the area of land identified for designation.
(b) Areas to be included may be of differing landscape character: quality will be the key determinant rather than uniformity.
(c) Areas which provide or are capable of providing a markedly superior recreational experience should be included.
(d) Boundaries should include land and settlements which contribute to the rural economy and community life within the park and to the park's special qualities and purposes. Such areas should, however, be excluded where activities there, in particular urban or industrial development, conflict with or outweigh the essential values of the park.
(e) Wherever possible an easily distinguishable physical boundary should be chosen.
(f) Where local government boundaries follow suitable lines, it may be administratively convenient to adopt them. In the majority of cases, however, they will be unsuitable.
(g) Towns or villages should not normally be cut in two by a national park boundary: inclusion or exclusion should normally depend on their contribution as a whole to the character and purposes of the park.
(h) Unsightly development on the edge of a National Park should generally be excluded, although the possibility of its modification or screening should not be overlooked where the immediately surrounding country claims inclusion.
(i) Land allocated in adopted development plans as to be worked for the quarrying and mining of important deposits on the margins of a National Park should normally be excluded from the park, unless the land will be restored to a land use quality which contributes to park purposes. This approach will also apply to major industrial and commercial developments for which land is allocated in adopted development plans at the time of designation.
(j) Features of scientific, historic or architectural value (eg Nature Reserves, important archaeological sites and Ancient Monuments) which are situated on the margins of a national park should be included where practicable.
3. The statutory criteria point to the inclusion of land where both high landscape quality and markedly superior recreational opportunity exist. Not all land within the park must necessarily satisfy both criteria (a) and (c), but there should be a high degree of concurrence.
4. The boundary should not be regarded as a sharp barrier between areas of differing quality. In most situations there will be a transition of landscape quality and recreational experience across a sweep of land: the boundary chosen should be an easily identifiable feature within this transition.