Archived decisions

Contact: Merrick Denton-Thompson, ext 6826

email: [email protected]

1. Summary

1.1 The following decision is sought:

That the County Council:

(i) announces its intentions to play a full and active part, within its existing resources, in working with the proposed National Park authorities to secure the conservation and informal recreational use of both the New Forest and the South Downs;

(ii) explores with the `shadow' National Park authorities and other partners possible arrangements for the delegation of services from the proposed new National Park authorities to the County Council; and

(iii) seeks to agree land use planning and development control protocols with other local authorities and the `shadow' National Park authorities.

2. Reason

2.1 This decision supports Aim 2 of the Corporate Strategy, `Stewardship of the Environment' by ensuring that the County Council engages in and influences the future planning and management of the proposed New Forest and South Downs National Parks, for the benefit of the residents of and visitors to these areas.

3. Other Options Considered and Rejected

3.1 Not to become involved in the future planning and management of the National Parks.

4. Conflicts of Interest Declared by the Decision Maker or Officer Consulted - None.

5 Dispensation granted by the Standards Committee - Not applicable.

6. Reason(s) for the Matter being dealt with if Urgent - Not applicable.

Approved by: ..................................... Date: ...................................

Councillor T K Thornber

Contact: Merrick Denton-Thompson, ext 6826

email: [email protected]

1. Summary

1.1 This report considers the implications of the proposed designation of the New Forest and South Downs National Parks on the County Council. It recommends that the County Council plays a full and active part in the future management of the National Parks.

2. Background

2.1 The process for designating the New Forest and South Downs National Parks is now well underway. The Public Inquiry into the proposed designation of the New Forest National Park closed in April 2003 and the Inspector's Report is now with the Minister, who expects to issue his decision letter early in 2004, earlier than had been expected. The South Downs Public Inquiry commenced on 10 November 2003 and is due to end in summer 2004.

2.2 Should the Government confirm the New Forest as a National Park it is likely that the setting up of a National Park Authority will influence any future establishment of a Park Authority for the South Downs.

2.3 The County Council made representations to the New Forest National Park Inquiry in relation to the Countryside Agency's proposed special arrangements for the National Park Authority, and is due to appear at the South Downs National Park Inquiry on the same issue. However, notwithstanding the outcomes of the public inquiries, as the likely designation of the National Parks approaches, it is timely to consider what role the County Council might wish to play in their future planning and management.

2.4 The County Council's representations to the New Forest National Park Public Inquiry emphasised the need for Government to add value to what was already in place to secure the protection and conservation of the New Forest. They emphasised the importance of local democratic processes to ensure that the National Park Authority is locally accountable.

2.5 Hampshire will be in the unique position of having two National Parks, with some 33% of the total area of the county being covered by National Park designations.

3. Functions and Responsibilities of National Park Authorities

3.1 The framework for the composition and responsibilities of National Park authorities is set out in legislation. In July 2002, however, the Department for Environment, Food and Rural Affairs (DEFRA) published a Review of English National Park Authorities, the recommendations of which are still under consideration.

3.2 The membership of a National Park authority comprises a balance of local authority Members, Parish Council representatives and people appointed for their special expertise and experience. In England and Wales, those local authorities that have land in the parks appoint one half plus one of the members of the National Park authorities. Of the remaining numbers, one half minus one are parish representatives who come forward through a process of local democracy, whilst the rest are appointed by the Secretary of State to represent the national interest. The number of members on each National Park authority varies from 18 to 38, but in a speech at the Association of National Parks Annual Conference in October this year the Rt Hon Alun Michael, MP, Minister of State for Rural Affairs and Local Environmental Quality, hinted that, as a result of the Review of English National Park authorities, membership may be capped to between 22 and 25. The Local Government White Paper and the Planning Bill add further uncertainty, as any future local government reorganisation may affect the current membership formula.

3.3 The Government has not yet made it clear how the National Park authorities will relate to its aspirations for regional government. There are, however, changes emerging from the Review of National Parks on how these are to be funded. Alun Michael announced the intention to provide for 100% of Government funding to go direct to National Park authorities rather than 25% of it via local authorities. This has been confirmed in a letter from DEFRA, although it is being introduced on a trial basis for three years.

3.4 The two main purposes of National Park designation are:

(i) to conserve and enhance the natural beauty, wildlife and cultural heritage of their areas; and

(ii) to promote opportunities for the understanding and enjoyment of the special qualities of these areas by the public.

3.5 National Park authorities also have a duty to "seek to foster the economic and social well-being of local communities within the National Park, but without incurring significant expenditure in doing so".

3.6 The primary vehicle for achieving National Park purposes is through the National Park Management Plan, this being a statutory requirement of the Environment Act 1995. Hampshire County Council has been very active in promoting strategic land management plans to provide a framework for an integrated approach to land management to achieve a multi-functional countryside. It is essential that any future management plan for the New Forest is developed in partnership with Hampshire County Council, Government departments and the private and voluntary sectors, as the abilities of National Park authorities to deliver are inevitably restricted.

3.7 If there is a conflict between the two main national park purposes, any relevant authority has to attach greater weight to conservation (the "Sandford Principle").

3.8 National park authorities are also the sole local planning authorities for their areas and accordingly are responsible for all the statutory planning functions, ie:

(i) Development Planning (Structure and Local Plans);

(ii) Development Control (including County Council applications);

(iii) Minerals and Waste Planning (policy and development control);

(iv) Listed Buildings and Conservation Areas;

(v) Local authority planning functions under the Wildlife and Countryside Act 1981; and

(vi) Hazardous Substances.

Some of these functions, particularly in relation to minerals and waste planning in some National Parks, are delegated back to those local authorities within whose boundaries the parks lie.

3.9 Under the Planning Bill, Structure Plans will be replaced by the Regional Spatial Strategy, and National Park authorities will be expected to engage in partnership working to support the Regional Assembly in the same way as Unitary Authorities.

3.10 Although National Park authorities are not highway authorities, they are asked to work closely together with highway authorities. Under the Countryside and Rights of Way Act 2000, National Park authorities have become access authorities and "relevant authorities" as far as restrictions of

access apply. In the case of the New Forest, the Countryside Agency's preferred option is for the County Council to continue to manage rights of way.

3.11 Since July 2002 National Park authorities have been responsible for managing the Sustainable Development Fund, which operates within the English National Parks and The Broads, and which aims to develop and test new ways of achieving a more sustainable way of living, whilst enhancing and conserving local culture, wildlife, landscape, land use and communities.

4. Comments of the Director of Environment and Director of Recreation and Heritage

4.1 With the establishment of the new proposed National Park authorities, which in the case of the New Forest could be as early as April 2005, and before that the shadow authorities, the County Council will have an opportunity to secure for itself an important role in the future planning and management of the areas.

4.2 Both the New Forest and the South Downs have benefited over the years from County Council activities of both a statutory and a discretionary nature and these have largely contributed to the safeguarding of their landscapes and the buoyancy of the areas, economically and socially. There is no reason why the County Council's fundamental support for the areas should not continue, and why the new National Park authorities should not take advantage of existing resources and expertise in order to deliver their objectives. Unlike other counties in the country which have a National Park within their area, Hampshire has the advantage of a long history of involvement and success in the activities with which National Park management is concerned.

4.3 Lord Haskins, in his recently published report on Rural Delivery, states that:

"In every region of the country I have been told of the strengths that local authorities can bring to rural delivery, and this is borne out in our research."

The Government has welcomed Lord Haskins' report and has given a clear commitment to forming a new land management agency to secure the integration of work on biodiversity, natural resource protection and landscape issues. However, there is no detailed response from Government on what the actual changes will involve and when these might happen.

In Recommendation 14 of Lord Haskins' report he suggests that local authorities and local partnerships should assume the main responsibility for delivery of schemes and services to rural communities.

4.4 The comments of Lord Haskins do not refer specifically to National Parks, but do point to an obvious way forward in terms of the management of the new National Parks. The National Park authorities alone cannot deliver National Park aims, but will rely on the existing local authorities and the commercial, agricultural and voluntary sectors. Particularly bearing in mind the likely short lead-in to the establishment of the National Park authorities, a "strategic local partnership" approach offers an efficient and effective means of assisting them in delivering these aims and in ensuring that their establishment does not lead to a net loss of action on the ground. This would be the danger if the existing organisations (for example the Forestry Commission in the New Forest) withdraw from their activities within the National Parks and their functions and budgets are not transferred to the National Park authorities.

4.5 In preparation for a National Park authority to be established, the Government will need to consider the most effective administration system for the delivery of National Park purposes. For one of its functions, land use planning, there is a proposal from the Countryside Agency to make delegation or joint working arrangements with existing local authorities, although this will be a matter for the shadow National Park Authority to decide. This would involve the County Council agreeing protocols and funding with the National Park authorities on:

(i) preparation of the proposed Hampshire Minerals and Waste Local Development Framework; and

(ii) providing a development control service for minerals and waste and County Council developments.

4.6 With regard to strategic planning, arrangements would have to be made to incorporate National Park interests in plan making, reporting arrangements and funding. The details of any protocol would need to be agreed by the Executive Member for Environment.

4.7 The development control protocol would involve the County Council in determining most minerals and waste and County Council planning applications in the National Parks on behalf of the National Park authorities, and preparing reports on major cases not delegated. An outline scheme of delegation has been designed by officers of all the affected local authorities for consideration by the shadow Authority. In due course, should arrangements be acceptable to the new National Park Authority, these would need to be formally agreed by the Executive Member for Environment.

4.8 It is recommended that the County Council support the principle of jointly operating development control arrangements with other local authorities within the area of the proposed National Park, subject to suitable financial and other terms being agreed.

5. Conclusion

5.1 It is certain that the National Park designations will have a profound and positive effect on the economy and communities of Hampshire as being a great place to live and work. Bearing in mind the significant area and the fact that the County Council will have seats on the new National Park authorities it is recommended as follows.

Recommendation

That the County Council:

(i) announces its intentions to play a full and active part, within its existing resources, working with the proposed National Park authorities to secure the conservation and informal recreational use of both the New Forest and the South Downs;

(ii) explores with the `shadow' National Park authorities and other partners possible arrangements for the delegation of services from the new proposed National Park authorities to the County Council; and

(iii) agrees land use planning and development control protocols with the `shadow' National Park authorities.

8449/MD-T/KT